Category Archives: Premises Liability
Is A Hotel Liable For Failing To Stop Sex Trafficking On Its Premises?
Premises liability cases are most commonly associated with slip and fall accidents. But a property owner can be held legally responsible for any “dangerous condition” on their property that causes injury to a lawfully present guest. Could this include illegal activity that injures someone? An ongoing federal lawsuit in Fort Myers addresses this question… Read More »
How Long Is Required To Place A Business On “Constructive Notice” Of A Dangerous Condition?
Constructive notice is a critical, and often misunderstood, concept in personal injury law. Constructive notice is a common issue that arises in premises liability cases–i.e., slip and fall accidents. At its core, constructive notice means that even when the facts show a property owner did not have actual notice of a dangerous condition on… Read More »
How The Language Of A Defendant’s Insurance Policy Can Affect Your Personal Injury Claim
When you file a personal injury lawsuit against a defendant, their insurance company is often contractually obligated to “indemnify and defend” them against your claim. These are actually two separate duties. A duty to defend basically means the insurer has to pay for the costs of defending the claim itself, such as by paying… Read More »
Can Firefighters Sue A Negligent Property Owner For Causing A Fire?
First responders such as firefighters are tasked with performing dangerous–and often deadly–tasks on a daily basis. In some cases, a first responder’s life may be at risk due to the negligence of a property owner. This begs the question: Can a firefighter file a personal injury lawsuit against a negligent property owner whose actions… Read More »
How Long Must A Safety Hazard Exist For A Store Owner To Have “Constructive” Knowledge?
The key to any premises liability lawsuit is establishing the property owner had “actual or constructive knowledge” of the safety hazard that injured the customer. For example, if you are injured in a slip-and-fall accident caused by spilled water on a supermarket aisle, you need to show that the management either knew the spill… Read More »
Florida Appeals Court Rejects Lawsuit From Broward Man Injured After High School Basketball Game
If you are injured while legally on private property, you can sue the owner if they created or allowed a dangerous condition to cause your accident. If you are injured on government property, however, things get a bit trickier. In many cases, you can pursue a premises liability claim against the government just as… Read More »
Does Insurance Cover Damages Arising From “Assault And Battery”?
Not all personal injury claims arise from accidents. If someone intentionally assaults you, for example, you can file a personal injury claim for any damages arising from that attack. And to take it a step further, if that assault occurred on someone else’s property, the premises owner may be liable for failing to provide… Read More »
Understanding Constructive Knowledge in a Slip and Fall
In Oliver v. Winn-Dixie, a Florida appellate court recently considered a case in which a plaintiff alleged that she fell on a liquid substance on the floor at a Winn-Dixie store and that Winn-Dixie had constructive knowledge of the dangerous condition. The case was before the court on appeal of a granted motion for… Read More »
Pool Safety Tips
Because Florida has a unique climate that makes it stand out among the rest of the states, summer seems almost endless in this part of the country and pools here never really close. However, we all know that pools tend to see more action during the summer months when kids are out of school… Read More »
The Recent Appellate Case Clarifying Whether Private Hotels Have to Provide Lifeguards at Pools
Here in Florida, outdoor pools continue to be used long after the intense heat of summer gone. And while pools are a source of year-round fun for both residents of the Sunshine State and those who visit from other states and countries, pools also have the potential to be a significant source of danger…. Read More »
