While no parent wants to think about the possibility of an accident occurring while their child is at school, on occasion these accidents do happen. When a child is injured in a Florida school accident, the parents of the child may be able to pursue a claim for compensation against…
Articles Posted in Premises Liability
League Organizers May Be Liable in Florida Sports Injury Cases
Anytime someone participates in a sporting activity, there is a risk that they could be injured. However, participants reasonably assume that the organization arranging the game has implemented rules to keep players safe and free from experiencing an unnecessary Florida sports injury. In a recent opinion released by a federal…
Court Dismisses Snowboarder’s Case Against Resort Based on Assumption of the Risk: How Florida Courts May Differ
Recently, a state appellate court issued a written opinion in a personal injury case illustrating an important difference between Florida personal injury law and the laws of many other states. The case involved the defendant’s allegation that the plaintiff assumed the risk of injury and thus, should be precluded from…
Court Permits Premises Liability Case to Proceed After Applying the Res Ipsa Loquitor Doctrine
A state appellate court recently released an opinion in a case discussing the doctrine of res ipsa loquitor as it relates to personal injury matters. Res ipsa loquitor is a Latin phrase that roughly translates to “the thing speaks for itself.” The doctrine may apply in some Florida personal injury cases where…
Court Finds Grocery Store Does Not Have a Duty to Provide “Staged” Shopping Carts to Customers
Recently, a state appellate court issued an interesting opinion in a personal injury case discussing whether the defendant grocery store had a duty to provide staged shopping carts for the use of customers. Ultimately, the court concluded that the store did not have such a duty and did not voluntarily…
Court Considers Case Arising Out of Vacation Rental Slip-and-Fall
Last month, a state appellate court issued an opinion in a personal injury case that raised an interesting issue that arises in many Florida slip-and-fall cases. The case presented the court with the opportunity to discuss the extent of the duty that was owed to the plaintiff by the defendant,…
Court Rejects Wrongful Death Claim Against Concert Planners in Recent Drunk-Driving Case
Recently, a federal appellate court issued a written opinion in a personal injury case involving a fatal drunk driving accident that occurred during the South-By-Southwest Music Festival (SXSW). The case required the court to determine if the plaintiff’s lawsuit against the event planners should proceed toward trial. Ultimately, the court…
Florida Court Dismisses Slip-and-Fall Case, Finding the Hazard Causing the Plaintiff’s Fall Was “Open and Obvious”
Recently, a state appellate court issued an opinion in a Florida premise liability lawsuit discussing a landowner’s liability involving potentially hazardous conditions of the property. Specifically, the case dealt with a hazard that the court held to be “open and obvious.” The court held that because the hazard was easily…
The Importance of Expert Testimony in Florida Cases Involving a Professional Duty of Care
In Florida personal injury cases, the jury must make the ultimate decision as to whether the defendant’s actions caused the plaintiff’s injuries, and what, if any, damages are appropriate. In many cases, the judge will explain the legal issues involved in the case to the jury, and the jurors will…
Court Rejects Plaintiff’s Parking-Lot Slip-and-Fall Case
Recently, a state appellate court issued an opinion in a personal injury case discussing the duty that a business has to maintain the area that customers use to approach the business. Ultimately, the court concluded that while a business may be responsible for maintaining the immediate area of approach, the…