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Florida Court Examines Applicability of Recreational Immunity Statute

Legal News GavelProperty 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.

In the case at hand, the plaintiff was not injured in a designated area, but he argued that the City’s failure to warn standard, outlined in the Recreational Statute, should apply to him. The City argued that it was not liable because Section 316.2065 was applicable in this case. Under this section, skaters are prohibited from skating on public roads, and if they choose to do so, the City is not liable for any injuries. In other words, the city argued it should not be liable because the skater was skating on the land without permission.

The Florida Fourth DCA agreed with the City and affirmed the trial court’s dismissal of the plaintiff’s claim, reasoning that 316.2065 precluded the City from being liable, since it prohibited skaters on public roads. The court further explained that the plaintiff’s interpretation of the law would lead to an “absurd result” that was not intended by lawmakers. Specifically, it would extend protection to those were skating in areas in which they are expressly prohibited from doing so and deny protection to those who were skating in designated areas.

If you or someone close to you has been injured on another person’s property, you may be able to recover compensation for your harm. At the Law Offices of Robert Dixon, our Miami premises liability attorneys understand the nuances of Florida personal injury law and can put our knowledge to use in your case. We are here to answer your questions and address your concerns. To discuss your case in more detail, call us at 1-877-499-HURT (4878) or contact us online today.

More Blog Posts:

Florida Underride Accidents, South Florida Injury Lawyer Blawg, October 4, 2017

Segway Accidents in Florida, South Florida Injury Lawyer Blawg, October 4, 2017

Car Seat Injuries in Florida, South Florida Injury Lawyer Blawg, October 4, 2017