premises liability

July 15, 2020

Boat Dock Injury at Florida Condo Raises Joint Liability Questions

A woman who suffered a serious injury fall from a boat dock at a Florida beach club condominium had already won her premises liability lawsuit against the condo owners, the boat dock repair company and the condominium complex. But the case was again recently before Florida’s Third District Court of Appeals to determine whether the condo company could be held jointly and severally liable (legally responsible) to pay for the other defendants’ share of the damages. Fort Lauderdale injury lawyer

In short, the 3rd DCA held yes, they could – or at least part of it.

It comes down to whether the duties a defendant owed to the plaintiff were non-delegable, meaning they can’t be pawned off on another person or entity by contract. Continue reading

June 22, 2019

Suing Disney for Bird Attack: Wild Animals and Florida Property Owner Duty

By Ansara Law Personal Injury Attorneys

A woman is suing Disney World in Orlando, alleging she suffered a traumatic brain injury when a wild, migratory bird suddenly attacked her – a danger about which she says the theme park failed to warn. injury lawyer

What duty – if any – do Florida theme parks and other property owners have to guests? The answer is under state premises liability law and precedent, it falls on a spectrum, with relevant factors including:

The injured person’s purpose for being on the site;

May 15, 2019

Third Party Not Immune From Park Injury Liability Under Recreational Use Law

By Ansara Law Personal Injury Attorneys

The recreational use statute in Florida is one echoed in many other states. With few exception, §375.251 holds that a property owner who provides the public with park area or other land for outdoor recreational purposes doesn’t owe a duty of care to keep that land safe for entry or use or to give warning of potentially unsafe conditions. That means generally, even private property owners aren’t liable for personal injuries when they extend use of their land free for recreational purposes. Fort Lauderdale personal injury lawyer

There is often one big exception: If a charge is made or usually made for entering the park or a certain area or if there is any commercial or other activity that profits from patronage of the general public on the park land, then liability may become an issue.

This was reportedly the situation for an alleged personal injury at a park in Arizona. Here, the Arizona Supreme Court reversed an earlier summary judgment in a personal injury lawsuit favoring a defendant company with rights to an area of a public park where a patron fell and was injured. Continue reading

January 4, 2019

Do Florida Theme Parks Owe Duty to Ensure Adequate Warnings in Multiple Languages?

By Ansara Law Personal Injury Attorneys

Florida theme parks – Disney, Universal, Legoland and more – owe a duty of care to adequately warn visitors of possible danger, whether it’s a slippery walking surface or a ride with jerks and jolts that could be dangerous to someone with a heart condition or who is pregnant. In fact, as businesses that invite members of the public on site for the benefit of the property owner, these companies owe visitors the highest duty of care to patrons. But what does it mean to provide “adequate warning”? Fort Lauderdale personal injury lawyers know there is a good argument to be made that an adequate warning at a theme park that attracts visitors from around the globe is one that is provided in numerous languages. amusement park injury lawyer

This is the allegation in a recent wrongful death lawsuit filed against Universal Studios Orlando by the family of a Guatemalan man who suffered a fatal heart attack in 2016 shortly after exiting a suspense-filled roller coaster-type ride featuring animatronics and 3D screens, the rider seated in a “truck” as they speed through the scenes of the recent King Kong films. Decedent, a man in his 50s, reportedly had prior heart problems – a risk factor outlined in prominent warning signs just before riders board. However, decedent was unable to read those warnings because they were written entirely in English, while he understood only Spanish. Continue reading

February 14, 2018

“Open and Obvious Danger” as a Defense in Premises Liability Lawsuits

By Ansara Law Personal Injury Attorneys

In Florida premises liability law (which pertains to the responsibility of property owners to keep their site reasonably safe), the “open and obvious” doctrine is one that essentially states if a hazard or condition was open and obvious to a reasonable person, the landowner isn’t liable (or might be less liable) for failing to address the danger or warn the injured person about it. The idea is a visitor should have been able to recognize and appreciate that an open and obvious danger was present and take measures to protect themselves from that harm. personal injury

It can be a powerful defense, and one our personal injury attorneys in Fort Lauderdale are committed to challenging head-on. We recognize there may be numerous exceptions to the open-and-obvious doctrine, including:

Landowner knew people would likely be hurt even if they were aware of it;
Negligence per se, which involves violation of a health or safety statute, for which landowner could be liable regardless of the awareness or actions of the injured party.

April 15, 2017

Florida Trip-and-Fall Injury Lawsuit Falters on Open and Obvious Defense

By Ansara Law Personal Injury Attorneys

All businesses that welcome the public have a legal responsibility to discover any condition on site that may be dangerous, and to either promptly address that hazard or warn invitees of it.

However, as noted in the 1952 Florida Supreme Court case of Earley v. Morrison Cafeteria Co. of Orlando, the business may assume that invitees will perceive conditions that are obvious upon the ordinary use of his or her own senses. Restated another way, there is no duty by the business to warn patrons of open and obvious conditions. So a business needs to warn about concealed dangers that are known or should be known to the owner and are unknown to the patron and can’t be discovered through the exercise of due care. The business also needs to use ordinary care in maintaining its property in reasonably safe condition.

These standards were all reviewed in a recent case before Florida’s 1st District Court of Appeal, which considered the open and obvious doctrine defense in a trip-and-fall injury lawsuit against a Bay County grocery store. Before the court was a request to consider whether summary judgment in favor of defendant was appropriate when the injured man observed the dangerous condition, but failed to step around the obstacle. Continue reading

November 24, 2015

Roma v. Moreira – Duty of Landlord to Prevent Tenant Injuries

By Ansara Law Personal Injury Attorneys

Disputes between tenants and landlords are fairly common almost anywhere you live. Unfortunately, too many landlords are more concerned about their bottom line than in ensuring their property is habitable and safe for tenants and guests.

There have been cases in which the lack of management can result in injuries. For example, if there are slippery floors, broken stairwells or damaged handrails, this could result in a serious fall. Where doors and windows aren’t equipped with locks or other security features, this could make residents and guests vulnerable to crime.

In these cases, where injury results, the terms of the lease agreement isn’t the only recourse Florida tenants have. Continue reading