In June of this year, six passengers were injured in a Florida roller coaster accident when one of the coaster’s car became derailed from the tracks. Two of the passengers in the front car were thrown from the ride, falling 34 feet to the ground. The remaining passengers waited in…
Articles Posted in Premises Liability
Court Finds that Restaurant Had a Duty to Control Black Widow Spider Population
In a recent appellate opinion, a court determined that a restaurant may have a duty to take some kind of action to control the population of venomous spiders on the premises. The case presents an interesting issue for potential Florida premises liability plaintiffs because it illustrates the extent of the…
Plaintiff’s Slip-and-Fall Accident Permitted to Proceed To Trial Over Defense’s Summary Judgment Motion
Recently, a state appellate court issued a written opinion in a Florida premises liability case requiring the court to determine if the plaintiff presented sufficient evidence to survive a defense motion for summary judgment. Although the trial court granted the defendant’s motion, finding that the plaintiff presented insufficient evidence that…
Court Dismisses Premises Liability Case Against Landlord Involving Drug Overdose
Recently, a state appellate court issued a written opinion in a personal injury case illustrating the outer bounds of how far courts will currently go to impose liability on a defendant landlord. However, the case is important to Florida personal injury plaintiffs because, given the societal scourge that addiction represents…
Florida’s Recreational-Use Statute May Prevent Some Victims from Recovering Compensation for Their Injuries
As a general rule, landowners have a duty to make sure that their property is safe for those whom they invite onto their land. If someone is injured due to a landowner’s negligence, the injured party can pursue a Florida premises liability lawsuit against the landowner.However, Florida lawmakers have established…
Court Finds in Favor of Parking Lot Owner in Recent Car Accident Case
Earlier this month, an appellate court issued an opinion in a personal injury case involving the aggressive acts of a third party, discussing how such acts can play into a landowner’s liability to its visitors. The case is important for Florida car accident victims to understand because it discusses the…
Court Rejects Plaintiffs’ Premises Liability Case, Finding Parents’ Presence Limited Defendant’s Duty to Children
Earlier this month, a federal appellate court issued a written opinion in a personal injury case discussing the theory of premises liability as it pertained to a case involving a child who was seriously injured when a metal stanchion fell atop his finger. The case presents an interesting issue for…
Court Discusses Official Government Immunity in Recent Wrongful Death Case
Earlier this month, a state appellate court issued a written opinion in a wrongful death case brought by the parents of a student who died while horseplaying with another student at school. At the time of the accident, the teacher in charge of the classroom had stepped out and asked…
Florida’s Recreational Use Statute
Florida has hundreds of thousands of acres of beautiful outdoor areas that are perfect for a number of recreational activities, including hiking, boating, hunting, and biking. However, much of this land is owned by various government entities or by private citizens. In the interest of persuading landowners to open up…
Court Discusses a Hotel’s Duty to Its Guests in Recent Personal Injury Case
Earlier this month, a state appellate court issued a written opinion in a personal injury case requiring the court to determine if the defendant hotel had a duty to provide the plaintiff with reasonable assistance. Ultimately, the court concluded that there were issues of fact that needed to be resolved…