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Articles Posted in Premise Liability/Negligent Security

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Concert Injury Spurs Premises Liability Lawsuit Against Venue, Artist

Fans of rapper Travis Scott know that when they go to one of his concerts, it’s going to be high-energy. Not only will the bass be loud and the crowd riled, fans routinely form mosh pits, crowd surf and stage dive. But now, one of those fans has suffered serious…

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Florida Slip-and-Fall Injury Claimant Seeks $15,000 in Damages

A woman in Tarpon Springs has filed a personal injury lawsuit seeking at least $15,000 in damages for injuries suffered in an alleged slip-and-fall accident. The incident occurred in a Wal-Mart store, which has been no stranger to such claims, given that it gets an estimated 138 million visitors every…

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Defective Staircase Lawsuit Requires Proof of Actual or Constructive Notice of Defect

Landlords and other property owners have a duty of care to maintain their site in reasonably safe condition for those who enter lawfully. Landlords in particular have a statutory responsibility under F.S. 83.51 to maintain their premises, which involves compliance with all applicable building, housing and health codes and maintaining…

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Negligent Security Alleged in Florida Homicide

A grieving Florida widower is suing the property management company as well as the security company for the gated community where he and his wife lived, claiming these entities were negligent in providing security to their community. The case was filed after the brutal stabbing death of plaintiff’s wife in a Davie…

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Janice H. v. 696 North Robertson – Club Liable for Bathroom Sex Assault

Lack of security at a nightclub bathroom led to a brutal sexual assault, leading jurors to award a $5.4 million verdict against the nightclub. Now, that verdict has been affirmed by a California appellate court, illustrating the way in which a business can be held responsible for failure to protect…

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Griffin v. Haunted Hotel, Inc. – Assumption of Risk Doctrine

In personal injury cases, it’s essential to prove defendant owed a duty to plaintiff, that duty was breached and the breach caused the injury. What many plaintiffs don’t realize is that they too owe a duty of care – to themselves. They have to take reasonable measures to protect themselves…

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Peterson v. Flare Fittings, Inc. – Post-Accident Waiver as a Release of Liability

Liability waivers are not generally favored by Florida courts because they relieve one party of the obligation to use due care, and further shift the risk of injury to the party likely least equipped to take necessary precautions to avoid injury. For this reason, they are usually strictly construed against…

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Parking Lot Trip-and-Fall Can Lead to Land Owner Liability

Property owners are responsible for maintaining the site in a way that ensures it is safe from unreasonable hazards for guests. When it comes to businesses and public buildings, that includes the parking lot area. That means owners have a duty to fill cracks and holes in the walking surface.…

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Millard Mall Services v. Bolda – Slip-Fall Defendant Blocks Evidence Production

A woman allegedly slipped, fell and was seriously injured while shopping at the Sawgrass Mills Mall in South Florida. To recover damages for her injuries, she filed a lawsuit against mall services and ownership. During the discovery phase of litigation, plaintiff sought certain documents from defendants pertaining to similar prior…

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Negligence Alone Insufficient for Compensation

In any personal injury lawsuit, there are some basic legal and factual requirements that must be met in order for the claim to succeed. These requirements include establishment of: –A duty owed by defendant to plaintiff; –A breach of that duty; –Proof that breach proximately caused plaintiff’s injuries; –Compensable damages.…

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