Category Archives: Premises Liability
Florida Jury Orders Wal-Mart To Pay $2 Million In Slip-And-Fall Case
Every store owner knows–or should know–that they have a legal responsibility to keep their premises in reasonably safe condition for their customers and other invited guests. This means that if the store fails to exercise reasonable care, and someone is injured in a preventable accident, the owner can be held liable for monetary damages… Read More »
What Happens When A Defendant Never Responds To A Personal Injury Lawsuit?
When you file any type of lawsuit the defendant–the person you are suing–is given a deadline to file a formal reply or “answer” to your complaint. This is just one of many deadlines that both sides need to comply with as part of the litigation process. A party that fails to act before such… Read More »
Does The Defendant Have To Pay My Legal Fees If I Win My Personal Injury Case?
The general rule in Florida civil litigation is that both sides are expected to pay their own attorney fees regardless of the outcome of the case. In other words there is no automatic “loser pays” rule. But there is a notable exception, Florida law does make it possible for a plaintiff or defendant to… Read More »
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 »
