Property owners are responsible for curing or warning of dangerous conditions of which they know or should know and that may not be easily discoverable by guests. That’s the general basis for premises liability claims in Florida. In some cases, though, property owners can be held responsible for third-party acts…
Property owners are required to keep the site reasonably free of foreseeable harm to guests and patrons under Florida law. Generally speaking, property owners aren’t required to insure against harm caused by third parties except in certain circumstances. Under Florida premises liability law, a property owner can be liable for…
When important evidence in a civil injury case has been destroyed, altered or simply lost, this is called “spoliation of evidence.” Because this kind of action can throw off an entire injury case, it might seem defendants in such actions would have incentive to conveniently “lose” key documents, video or…
A strip mall nightclub in Miami coined “The Spot” was the site of a bloody scene recently, when 15 people – ranging in age from 11 to 25 – suffered gun shot wounds in the early hours of a Sunday morning. At least one of those victims was in critical…
One of the first things our Fort Myers premises liability lawyers will do in reviewing a trip-and-fall case is to determine the legal status of the plaintiff at the time of the incident. That is, was the plaintiff a business invitee? A licensee? Or a trespasser? For each classification, the…
Just like commercial property owners, private property owners owe a duty to those on their property to address potentially dangerous conditions or, alternatively, to warn of them. The degree of that duty depends largely upon the status of the person on the property – whether an invitee or trespasser. Liability…
A slip-and-fall lawsuit against a South Florida hospital will be allowed to proceed, per the Fourth District Court of Appeals. But the plaintiff in Denniser v. Columbia Hospital Corp. of South Broward is going to have a tougher time proving the case. The reason has to do with the distinction…
News media is hailing the survival of a 15-month-old boy in Minneapolis following a fall from an 11th-story balcony a “miracle.” Officials say he slipped through the railing of the balcony as his father stepped away for just a moment. The toddler remains in critical condition, with multiple broken bones…
Big business in Florida is pushing hard to get lawmakers to pass a series of bills limiting awards in civil lawsuits in the state. These powerful business lobbyists, which include Disney, Publix, State Farm, Walgreen’s and Liberty Mutual, are focused on two measures in particular. One of those promises to…
You send your child to school hoping they’ll make it through unharmed. Unfortunately, dangers for injury exist. In fact, instances of school liability have increased over the last several years. School-aged children have to worry about bullying, sexual harassment, serious injury and even wrongful death. Our school injury attorneys note…