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Articles Posted in Premises Liability

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Tenant’s Failure-to-Repair Case Against Landlord Permitted to Proceed Toward Trial

Florida landlords are required to take certain precautions when it comes to the safety of the homes they lease to tenants. When a landlord fails to make necessary repairs to a residence or fails to warn a tenant about a known hazard on the property, the landlord may be held…

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Court Finds Question of Whether Defendant Had Knowledge of Dangerous Condition Was a Matter for the Jury, Rejecting Defendant’s Motion for Summary Judgment

Before most Florida personal injury cases reach trial, the court hears a motion for summary judgment from at least one of the parties. A motion for summary judgment asks the court to consider all of the uncontested evidence presented by both sides and make a legal ruling in favor of…

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Florida Court Rejects Plaintiff’s Slip-and-Fall Case Due to Lack of Evidence Showing Business’ Knowledge of Hazard

Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit involving a plaintiff who slipped and fell as she was entering the defendant store. Ultimately, the court concluded that the plaintiff’s case should be dismissed because there was no evidence showing that the business…

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Student’s Premises Liability Case Against School Dismissed Based on Lack of Causation

Earlier this month, a state appellate court issued a written opinion in a personal injury case involving several interesting issues that are relevant for Florida accident victims. The case required the court to determine whether a school could be held liable for the injuries sustained by a student while playing…

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Court Rejects Plaintiff’s Premises Liability Case Based on the Fact that Injury Occurred Off Defendant’s Property

As a general rule, Florida landowners have an obligation to ensure that their property is safe for those whom they invite onto their property. The extent of this obligation depends on the relationship between the parties and takes into account the reason why the plaintiff was on the defendant’s property.…

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Court Reverses Jury’s Verdict Based on Lack of Evidence Showing the Defendant Knew about Hazard that Caused Plaintiff’s Fall

Earlier this month, an appellate court issued a written opinion in a Florida premises liability lawsuit requiring the court to determine if the lower court was proper to deny the defendant’s motion for summary judgment. Ultimately, the court concluded that the defendant was entitled to summary judgment because the plaintiff…

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Florida Court Explains Not All Injury Cases Arising in the Medical Context Should Be Considered “Medical Malpractice” Cases

Medical malpractice cases generally present complex scientific or medical concepts that are beyond the understanding of must jurors. For this reason, nearly all Florida medical malpractice cases require the testimony of experts to explain some of the issues in the case to the jurors. Experts can also offer their opinions…

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Court Finds Hospital Lacked Knowledge of Black Ice in Parking Garage, Dismissing Plaintiff’s Premises Liability Case

Florida landowners are responsible to maintain their property in a reasonably safe condition for those whom they invite onto the premises. This includes not just individuals, but also businesses and government entities. However, not all slip-and-fall accidents will result in the landowner being liable for the injuries of the person…

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Florida’s Recreational Use Statute

When someone is injured on the property of another party due to some defect or hazard on the property, they may file a South Florida premises liability lawsuit against the landowner, seeking compensation for their injuries. In general, landowners owe a duty of care to most people who enter their…

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Plaintiff Unintentionally Excuses Defendant in Slip-and-Fall Case

A large number of Florida premises liability cases are resolved through pre-trial settlement negotiations. Indeed, settling a personal injury case is preferable for many plaintiffs, who do not want to risk taking the case to trial, which may result in a defense verdict or an inadequate award amount. However, settlement…

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