Florida landowners generally have a duty to make sure that their property is safe to those whom they invite onto their property. If a landowner, including a business or government entity, fails to maintain their property, and someone is injured as a result, the injured party may be able to…
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a woman who was injured when a fallen tree struck her in the apartment complex where she lived. The case presented the court with the opportunity to determine whether the plaintiff’s…
Establishing the breach of a duty is one of the most contested issues in South Florida premises liability lawsuits. Essentially, in order to establish this element, a plaintiff must point to some negligent act or omission of the defendant that violated a duty owed to the plaintiff.Earlier this month, an…
When a plaintiff files a Florida personal injury claim, it is imperative that they name all of the potentially liable parties and include all of the relevant theories of liability as soon as practicable. This often means conducting a thorough investigation prior to filing the lawsuit in order to make…
Last month, one state’s appellate court issued a written opinion in a premises liability lawsuit that required the court to determine if the lower court was proper in granting the defendant’s motion for judgment as a matter of law. Ultimately, the court concluded that since the plaintiff presented evidence that gave…
Earlier this month, an appellate court in California issued a written opinion in a premises liability case that was brought by the mother of a child who was struck by an errant golf ball as she was wheeling her son in a stroller on a walking path owned and maintained…
Earlier this month, the United States Court of Appeals for the Fifth Circuit released a written opinion in a premises liability lawsuit against the federal government, alleging that the United States Forest Service, through its employees, was negligent in the maintenance of bike trails in a forest. The court ultimately determined that the…
In most cases, landowners owe a duty of care to those whom they invite onto their land. As a general rule, the level of care owed to a visitor depends on the relationship between the parties. For example, a customer shopping at a business is owed a higher duty of…
A Florida appellate court recently considered whether a bank could be held liable after a woman fell in a hole in a construction zone on the bank’s property. The woman had driven to the bank to make a deposit. When she arrived, she saw the bank was closed and decided…
Earlier this month, a Georgia jury awarded a doctor $7 million in compensation after determining that the hospital where he was injured bore 70% of the responsibility for an accident resulting in the doctor’s career-ending injuries. According to a news article covering the recent case, the jury initially awarded the…