Articles Posted in premises liability

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…

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. What duty – if any – do Florida theme parks and other property owners have to guests? The answer…

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…

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…

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…

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…

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…