Like most other personal injury cases, Florida slip-and-fall claims are brought under the theory of negligence. Thus, to succeed in a slip-and-fall case, a plaintiff must be able to establish that the owner or lessee of the property where their fall occurred had knowledge that the hazard existed. A recent…
Earlier this month, a state appellate court issued a written opinion in a Florida premises liability lawsuit discussing whether the plaintiff’s case should be able to proceed toward trial despite the fact that the hazard causing her fall was open and obvious. The court concluded that, despite the obvious nature…
In many Florida personal injury cases, the case comes down to physical evidence. For example, in a lawsuit claiming that a defective tire was responsible for a serious Florida car accident, the tire would seem to be a critical piece of evidence. However, in the wake of a serious accident,…
Recently, a state appellate court issued a written opinion in a personal injury case presenting an interesting issue that frequently arises in Florida premises liability lawsuits. The case required the court to determine if the defendant maintenance company had a contractually imposed duty to the plaintiff to warn the plaintiff’s…
Florida landowners owe a duty of care to those whom they invite onto their property. Generally speaking, a plaintiff must show that the defendant knew or should have known about the hazard that caused the plaintiff’s fall and that the defendant failed to act to remedy the hazard or warn…
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…
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,…
In Florida, landowners are required to maintain their property in a reasonably safe condition for those whom they invite onto their land. As a general rule, a landowner must take care to either remedy all known hazards on their property or at least warn visitors of the presence of the…
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…
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…