Articles Posted in Premises Liability

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Trip and fall accidents can lead to extremely serious injuries, such as broken bones, neck and back injuries, and even brain injuries. If you have been injured at a shopping center, you may be able to file a lawsuit against the property owner. At the Law Offices, our seasoned Florida premises liability attorneys are committed to helping clients pursue the compensation they need for their harm.

A customer who was injured after she tripped over a shopping cart left in an Orlando Walmart aisle filed a personal injury claim against the retail store. The facts of the case were as follows. On February 5, 2016, the plaintiff was at Walmart when she tripped and fell over a shopping cart that was left in the walkway. As a result of this fall, the plaintiff claims she suffered bodily injury, pain and suffering, disability, mental anguish, lost wages, and medical costs. The plaintiff alleges that the defendant shopping center failed to use due care to maintain its premises in safe conditions. Specifically, she argues that Walmart failed to properly inspect and maintained the walkway, failed to remedy the hazard, and failed to warn the plaintiff of the hazard.

Shoppers expect a safe environment, free of hazards, when they shop. Property and storeowners are responsible for keeping their premises safe and free of dangers. As a result, if a shopper is hurt in the store, that shopper may be able to hold the property owner accountable through a Florida premises liability claim. Premises liability law makes property owners responsible for certain injuries suffered on the property. The degree of care required from a property owner depends on the type of visitor to the property. Visitors can be categorized in one of three ways:

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Florida restaurants have a legal obligation to keep their properties safe for customers. From the parking lot to the dining spaces, property owners have a duty to make sure that diners are not exposed to dangers. If you or someone close to you has been injured in a slip and fall or trip and fall accident at a restaurant, we can help. At our Law Offices, our seasoned Miami premises liability attorneys can evaluate your case and help you understand your legal rights and options. We are here to answer your questions and address your concerns at every step of the way.

Fall accidents in restaurants are more common than you may think. The Bureau of Labor Statistics (BLS) found that there were more than 50,000 reported injuries in the restaurant industry in 2016, a number of which were caused by slip and fall accidents. A number of risk factors, such as spills on walking surfaces as well as rain or mop water on the floors, can lead to slipping hazards that can cause people to slip and fall. In addition, loose mats or rugs, debris, and other hidden hazards can create tripping hazards within a restaurant. According to BLS data, about 15,000 reported nonfatal slip, trip, and fall injuries occurred in the restaurant industry in 2016.

All property owners in Florida have a duty to maintain their property and make sure it is free of hazards in order not to cause injuries to those who enter the land. The specific duty owed by a landowner to a visitor depends on the status of the visitor. For instance, a property owner owes a higher duty of care to a paying customer than a trespasser. In Florida, business owners, including restaurant owners, owe their customers the highest duty of care. These customers are legally categorized as people who are legally known as ‘invitees’ – individuals who are invited onto the property for business reasons. As a result, restaurant owners must protect invitees against known and reasonably ascertainable dangers. For example, if there is a spill on the floor, the restaurant should immediately put a “wet floor” sign to warn customers and then clean up the spill as quickly as possible. If the hazard cannot immediately be remedied, the restaurant should leave signage there or try to block off the area.

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If you have been injured in a trip and fall accident, you need to reach out to a skilled Miami premises liability attorney who can evaluate your case and determine your rights.

The Florida Supreme Court has previously ruled that an express assumption of risk only exists in express contracts not to sue and injuries caused by contact sports. In a recent case, the Fifth District Court of Appeal addressed the concept of assumption of risk in Florida.

Assumption of risk is a common defense used by many defendants in Florida personal injury cases. Under the assumption of risk doctrine, courts can prevent plaintiffs from holding others accountable for their injuries when they engage in an activity that they know is dangerous. In other words, a plaintiff cannot sue for injuries when the plaintiff was partaking in a hazardous activity for which the risks were known.

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While most retail stores are well-run places where customers can browse and make purchases safely, the reality is that some accidents are bound to happen in these spaces. If you or someone close to you has been injured in a retail store, you may be able to seek compensation for your harm. At the Law Offices of Robert Dixon, our seasoned Miami premises liability attorneys understand how to navigate these types of cases and can put our knowledge to use in your case.

In a recent lawsuit filed in the Southern District of Florida, a St. Lucie County plaintiff is suing an Apple store for an injury suffered while in the store. According to the complaint, the plaintiff had arrived to the store to have her iPhone repaired. An employee went to retrieve an iPhone case from a wall located within the store. At that time, the store employee dropped a sharp metal shelf bolder on the plaintiff’s left arm while looking for an iPhone case for her.

According to the Occupational Safety and Health Administration, accidents do not just happen. In fact, nine out of 10 customer accidents result from some form of negligence. In the case at hand, the plaintiff seeks damages for her injuries, which she alleges are serious and have caused her to become lame and disabled and may even result in permanent injuries. The plaintiff further alleges that her injuries were caused solely by the negligence of the defendant without any contributory negligence on her part.

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By this time of year, students and parents have typically settled into new school routines in their new classrooms. A new school year can be exciting, and parents expect their children to be safe as their children transition into it. Unfortunately, the reality is that many children in Florida and throughout the United States are injured on school grounds each year. If your child has been hurt in a classroom at school, you need to reach out to a skilled Miami school injury attorney who can evaluate your case and help you pursue the compensation you deserve.

According to the research conducted by the National SAFE KIDS Campaign, an estimated 2.2 million children ages 14 and under sustain school-related injuries each year. While a number of these are unintentional, they are often results of negligence, such as lack of teacher supervision or poorly maintained facilities on a school campus. In fact, lack of supervision causes or contributes to approximately 40 percent of playground injuries.

School injuries can have a variety of causes, including the following:

  • Defective playground equipment;
  • Failure to supervise;
  • Failure to use appropriate safety equipment for a given activity;
  • Improper food preparation;
  • Lack of emergency preparedness;
  • Insufficient maintenance on school grounds (such as not removing asbestos tiles).

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Property owners in Florida have a legal obligation to keep their premises in a reasonably safe condition so as not to injure those who visit the property. If you or your loved one has been injured on someone else’s property, you may be entitled to compensation. At the Law Offices of Robert Dixon, our Miami premises liability attorneys can examine the facts of your case and help you determine your rights and options.

In a recent Florida case, the appellate court discussed the applicability of a recreational use statute to a skating injury. The facts of the case are as follows. The plaintiff was rollerblading on a city street when he tripped over a pothole and sustained serious injuries. The plaintiff went on to file a premises liability claim against the city, claiming that the City was negligent in failing to repair or warn against the pothole that caused his injuries.

Florida Statute, Section 316.0085, also known as the Recreational Statute, is intended to promote skateboarding and inline skating along with other recreational activities. The statute expressly states that if a government entity sets aside an area for these types of activities, that government entity is not liable for any resulting injuries in the area in the absence of a failure to warn about a hazardous condition of which someone does not and could not reasonably be expected to have notice. Put simply, the statute says that the government is not liable for injuries that occur at skate parks and areas where skateboarding is allowed.

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Airbnb has become a popular option for travelers in Florida, the United States, and even the world. Cheaper accommodations and increased privacy are just some of the reasons people choose Airbnb over traditional hotels. While most people stay at these properties without incident, the reality is that accidents do happen. If you have been injured at an Airbnb property, you need to reach out to a seasoned Miami premises liability attorney who can protect your rights. At the Law Offices of Robert Dixon, we will look into the facts of your case and come up with a legal strategy accordingly.

Airbnb is an online community marketplace that connects people looking to rent their homes with individuals looking for accommodations. Since Airbnb’s founding in 2008, 140 million guests have stayed at these properties. In cities like Paris, San Francisco, and Seattle, the size of the host-and-guest community in 2016 approached or exceeded 20 percent of the population. In 2016, the company reported more than 750,000 guests in Florida.

As with any other type of property, people can get injured at these short-term rentals. The types of injuries that can occur include:

  • Slip, trip, and fall accidents;
  • Electrical fires and burns;
  • Poor lighting causing accidents;
  • Broken furniture or cabinets injuring guests;
  • Broken stairs or steps causing falls or traumatic injuries; and
  • Broken tiles or pavers leading to injuries.

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Most of us use chairs on a daily basis without incident. The reality, however, is that a number of people in Florida and throughout the United States are injured each year in chair accidents. If you or someone close to you was injured due to a chair accident, you may be entitled to compensation for your harm. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can scrutinize the circumstances of your accident and determine whether or not you may have grounds for a lawsuit.

Common ways that people are injured include falling when a chair collapses, fingers being severed by chairs with jagged edges, chair wheels getting jammed and causing a tip-over, or leaning to the side to reach something while seated in a chair, which causes a tip-over. Injuries that could result from chair accidents include lacerations, fractures, broken bones, neck injuries, spinal cord injuries, and back injuries. In the most severe cases, chair accidents can cause permanent disabilities and render individuals unable to work.

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Every day, parents in Florida and across the United States put their children in shopping carts when they visit a store. If your child has been injured in a shopping cart accident, it is important to reach out to a seasoned Miami injury attorney who can analyze the facts of your case and determine whether or not you may be able to seek compensation for your harm. Having an experienced attorney on your side can make a difference in your case.

Shopping cart accidents involving children are more common than you may think. According to the Centers for Disease Control, approximately 24,000 children under the age of 15 are injured each year in shopping cart accidents. Of those injuries, almost 20,000 occur to children younger than five. A report from the Nationwide Children’s Hospital revealed that about 66 children are victims of shopping cart injuries each day.

Falls from shopping carts accounted for over two-thirds of shopping cart accidents. Other common causes of shopping cart injuries include broken or insufficient restraints allowing a child to slip out or unbuckle the safety belt, side or rear tip-overs due to faulty construction, falling over the cart, entrapment of limbs in the cart, and scratching or cutting due to sharp or rusty edges. The most common types of injuries that are reportedly sustained in shopping cart accidents are head injuries such as concussions or traumatic brain injuries. Other injuries may include broken bones, spinal cord injuries, and contusions or lacerations.

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Florida has countless high-rise apartment buildings, hotels, and condos, which means that people often enjoy outdoor time on their balconies. While most people do this without incident, the reality is that balcony accidents do happen in Florida and across the United States. Serious accidents can happen when the balcony or balcony railing is not built to code or properly maintained. If you have fallen from a balcony or been hurt in a balcony accident that could have been prevented, you may be entitled to compensation.

According to The American Journal of Emergency Medicine, there were an estimated 86,500 balcony fall injuries treated in hospital emergency departments between 1990 and 2006. Most of these falls ranged from five feet to 87.5 feet. In approximately 6.5 percent of these cases, injuries were caused by structural deficiencies. Children under the age of 18 were more likely than adults to suffer closed head injuries or skull fractures.

Balcony falls can have a number of causes, including loose railings or rusted bolts, railings that are not high enough, gaps in railings that leave a dangerous space through which people can fall, unsafe design or construction of the balcony, structural weakness, a failure to place proper warning signs, and improper maintenance.

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