Premise Liability/Negligent Security

Shopping Safety in Focus as Holidays Begin

November 15, 2022 | Associates and Bruce L. Scheiner

The holidays increase injury risks in a number of ways, from motor vehicle accidents to defective products we unwittingly bring into our homes.

But, while most consider shopping a fun departure from our daily life, too many overlook the risks, particularly at the holidays.

Our injury lawyers in Cape Coral and Fort Myers know this season could be riskier than most, both because shoppers are expected to return to stores in droves after the last two holidays shopping seasons were stunted by spiking COVID cases, and because business are still trying to recover from Hurricane Ian.

Protecting Yourself From Property Injuries in SWFL

October 31, 2022 | Associates and Bruce L. Scheiner

As we work toward recovery from the historic damage caused by Hurricane Ian, it’s important for private property and business owners to understand their liability when it comes to preventing injury resulting from hazards on their property.

Businesses are fighting for survival and working hard to get employees back to work as quickly as possible. Property owners, likewise, are doing everything possible to rebuild. Nobody wants to be responsible for an injury resulting from dangerous or hazardous conditions. There are steps you can take to help protect yourself and visitors.

Florida premises liability law categorizes property guests as invitees, licensees, or trespassers.

Spring Brings High Tide for Tourist Injuries in Southwest Florida

March 21, 2022 | Associates and Bruce L. Scheiner

A record number of people are descending upon Southwest Florida this month, as the winter tourist season reaches high tide.

Sarasota Magazine reports COVID has done nothing to stop people from across the country and around the world from visiting Florida. Overall in 2021, Florida had nearly 118 million domestic visitors, the highest number in state history. Of that 118 million, 1.5 million were overseas travelers—an increase of 43 percent compared to the third quarter of 2021.

Last month, the Governor’s Office reports visitors continue to surpass pre-pandemic levels.

“While tourism in other states is only just beginning to recover, Florida is at the front of the pack — now we are surpassing pre-pandemic levels and setting new visitation records,” Gov. Ron DeSantis said.

High Risk of Spring Break Injuries Amid Record Crowds

March 21, 2022 | Associates and Bruce L. Scheiner

Early reports indicate it is going to be a record-breaking year for Spring Break visitors in Southwest Florida.

The Miami Herald reports throngs of beach goers are already challenging safety personnel; a weekend shooting that sent three to the hospital is the latest warning of the risks when large groups of young people gather to let off steam.

What many see as the end of COVID restrictions, after two years of quarantines, is adding to the volatile mix this year. While Southwest Florida is known as the “quiet coast,” we are also expecting to see a record number of teenagers and young adults on our beaches and at our resorts through Easter weekend.

Spring Break Injuries in Southwest Florida

February 27, 2021 | Associates and Bruce L. Scheiner

Spring break season is upon us and Southwest Florida is expected to be a popular destination despite the ongoing coronavirus restrictions.

In fact, Lee and Collier counties could see more guests than usual, thanks to international travel restrictions related to COVID-19 and guests looking for a “quieter” destination along Florida’s more than 1,000 miles of coastline.

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Parking Lot Accidents a Holiday Risk

November 8, 2020 | Associates and Bruce L. Scheiner

Safety awareness in parking lots is a focus as we head into the busy year-end holiday season.

Back-to-school, early darkness, returning seasonal residents, and harried holiday shoppers will converge in local parking lots over the next six weeks. Statistically, it is the most dangerous time of the year for parking lot injuries. While northerns must also deal with the beginning of winter snow and ice, our injury attorneys in Fort Myers and Cape Coral know Southwest Floridans are far from immune to the risks.

Children are at highest risk of being seriously injured or killed. Those risks begin with the start of school year, with drop-off and pickup lines and continue into the year-end holiday shopping season. Elderly residents are also at elevated risk for accidents in parking lots.

Fall Injuries a Risk While Safer-at-Home

April 8, 2020 | Associates and Bruce L. Scheiner

Are you battling clutter?

A month into the COVID-19 pandemic, with many parents working from home and kids out of school, families are struggling with living under one roof, let alone keeping a nice orderly space. The businesses that are open -particularly grocery stores and big-box chains – are likewise struggling to restock and maintain safe and orderly operations.

While a cluttered house can leave many of us unsettled, at a time when we are already struggle to keep a positive mental outlook, the risk of serious fall injuries is an ever-present silent risk. While anyone can be seriously or even fatally injured by a common fall, our injury lawyers in Fort Myers and Cape Coral know it is our older residents who are most at risk of falling and sustaining life-altering injuries.

Storefront Injuries an Overlooked Risk in SWFL

March 29, 2019 | Associates and Bruce L. Scheiner

Disturbing video footage of an SUV smashing through a convenience store in the heart of Fort Myers offers a sobering reminder of the risk of these storefront collisions.

WINK News reports the truck slammed through the storefront in south Fort Myers in an incident that was captured on the store’s security cameras. The video dramatically depicts how dangerous these crashes can be, as a storefront parking stop and curb were no match for the large SUV that barreled through the glass storefront, where a customer was standing at the checkout.

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The incident occurred at the 7-Eleven located at College Parkway and U.S. 41. The Florida Highway Patrol reports a 36-year-old Lehigh Acres woman was charged with driving with a suspended license. A store employee and a customer were transported to the hospital, though miraculously, it appears nobody was critically injured. Media reports indicate the driver has a lengthy record of driving violations.

Injuries on business property continue to be a serious issue in Southwest Florida. However, the risks of storefront crashes are often overlooked. Our Fort Myers injury lawyers wrote recently about tourist injuries in Southwest Florida. And about parking lot injuries and storefront crashes in a blog post last September after a car rammed into a seafood restaurant in Cape Coral.

Slip-and-Fall and the “Continuing Storm Doctrine”

January 24, 2018 | Associates and Bruce L. Scheiner

National Weather Service records indicate it has never snowed in Naples or Fort Myers, even as overnight temperatures have dipped into the freezing territory in recent weeks. Our northern neighbors – even those just in the northern part of the state – have been dealing with frozen precipitation. This buildup of snow and ice has the potential to generate numerous hazards, including those entering and exiting businesses. In many states where this is a regular hazard, the courts follow something called the “continuing storm doctrine.” This means that business owners have no duty to customers to remove snow and ice from sidewalks when a continuing storm does not allow the owner a reasonable opportunity to remedy the issue.

This type of case is known as a “premises liability” cause of action, more commonly known as a slip-and-fall. Premises liability claims in Florida are heavily dependent on the legal status of the visitor (which dictates the duty of care they are owed). For instance, those who are on site for the financial benefit of the property owner are owed the highest duty of care.

F.S. 768.0755 indicates that when plaintiffs are injured in Florida slip-and-fall accidents caused by transitory foreign substances on a walking surface, plaintiffs must prove defendant had actual or constructive knowledge of the hazardous condition and failed to address it. Constructive knowledge is proven via circumstantial evidence that shows:

Condition existed for such a length of time that the business would have or should have discovered it in the exercise of ordinary care;
Condition occurred with such regularity it was foreseeable.

When Property Owners Can be Liable for Crashes

November 25, 2017 | Associates and Bruce L. Scheiner

When examining liability for a South Florida car accident, our injury lawyers in Cape Coral will of course first examine the negligence of the other. We’ll examine the potential vicarious liability claims of the vehicle owner, the driver’s employer and the motor carrier (if applicable). We may even look closely at whether there was a vehicle defect that would render the auto manufacturer or repair shop responsible to cover damages. In some cases, the local county or municipality could be liable too if there is evidence the entity failed in its duty to maintain public roads.

It’s not often in these cases that we will lodge a premises liability claim – but it’s not something that should be discounted. Premises liability involves the responsibility of property owners to maintain their site in a reasonably safe condition. Usually, these types of claims would include things like slip-and-fall accidents or trip-and-falls or drownings. However, it may arise in a car accident claim if there is evidence some condition on the property that posed a danger to drivers, bicyclists or pedestrians. There are a number of successful Florida premises liability claims that have stemmed from car accident injuries.

The California Supreme Court recently considered one such case involving a pedestrian accident that resulted in the injury of a church member who was struck crossing the street from the church overflow parking lot to the main parking lot on his way to attend services. The court ruled that a landowner does not owe a duty of care to assist invitees to cross a public street when the landowner maintain a parking lot requiring invitees to cross the street to access the landowner’s main site – as long as the typical dangers of a public street aren’t in some way magnified or hidden by some condition of the landowner’s property or by some action taken by the landowner. Continue reading ›