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Articles Posted in premises liability

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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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Piotrowski v. Menard, Inc. – Parking Lot Fall Highlights Injury Case Proof Standards

Holiday shopping is seen by some as an enjoyable way to get into the seasonal spirit. Others view it as more of a stressful chore. But in both cases, it should be safe. Unfortunately, our Fort Myers injury attorneys have seen too many cases of holiday shoppers suffering some type…

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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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Carter v. Bullitt Host, LLC – Slip-and-Fall Liability and Open Obvious Doctrine

One key defense used in the tort action of slip-and-fall premises liability is the “open and obvious doctrine.” While property owners have a duty to maintain the site to be reasonably safe to guests, those guests also have a duty to avoid dangers that are glaringly open and obvious. However,…

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