Premises Liability

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

Published on: January 16, 2018 | by Friedman Rodman Frank & Estrada, P.A.

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 financially liable for the tenant’s injuries through a Florida premises liability lawsuit.Earlier this month, a state appellate court issued a written opinion in a personal injury case involving injuries sustained by a tenant as she was entering the residence that she had leased from the defendant landlord. The case presented the court with the opportunity to discuss whether the lower court was correct in dismissing both of the plaintiff’s claims. Ultimately, the court concluded that there was conflicting evidence as to whether the landlord conducted necessary repairs, so the plaintiff’s failure-to-repair claim should not have been dismissed.

The Facts of the Case

The plaintiff rented a home from the defendant. After about 18 months of living in the home, the plaintiff tripped and fell when the heel of her shoe got caught in a crack between the front patio and the top step leading up to the patio.

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

Published on: January 5, 2018 | by Friedman Rodman Frank & Estrada, P.A.

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 the moving party. Importantly, summary judgment motions can save an immense amount of time if properly filed and litigated. However, it is important to keep in mind that when there is a material issue of contested fact involved in a case, a motion for summary judgment is not appropriate.A recent case illustrated a court’s unwillingness to grant summary judgment to the defendant in a premises liability case when there was a question whether the defendant had knowledge of the dangerous condition causing the plaintiff’s injury.

The Facts of the Case

The plaintiff was visiting the defendant fast-food restaurant with some family members. After placing his order, the defendant began to walk back to the area of the restaurant where the tables were. As he was walking, he thought he heard a restaurant employee call his name. The plaintiff turned around and tripped on the leg of a high chair that was protruding out into the walkway. The plaintiff filed a premises liability lawsuit against the restaurant, arguing that the restaurant’s negligent placement of the high chair resulted in him tripping, falling, and sustaining serious bodily injuries.

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

Published on: December 22, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 owner had actual or constructive knowledge of the hazard causing the plaintiff’s fall.

The Facts of the Case

The plaintiff was accompanying a neighbor to a nearby big-box retail store. As the two arrived, they went to get a shopping cart under the awning immediately outside the store’s entrance. As the plaintiff started to walk toward the store’s entrance, she felt her right leg give out from under her, and she fell on her left knee. The plaintiff was then taken to the hospital and subsequently filed a premises liability lawsuit against the store.

The plaintiff later testified that she did not see the liquid before she fell, that there were no store employees around the liquid at the time of the fall, and that she was not sure what the liquid was or how long it had been there. The store filed a motion for summary judgment, arguing that there was insufficient evidence to find that it had knowledge of the liquid.

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

Published on: December 5, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 floor hockey in gym class. Ultimately, the court concluded that the school was not necessarily immune from liability in all circumstances involving gym class injuries, but given the facts of this case, the school was not negligent.

The Facts

The plaintiff was a middle-school student at the defendant school. As a part of the physical education curriculum, all students were required to participate in team sports during gym class. One of the sports the students played was floor hockey.

Pursuant to school regulations, safety equipment was not necessary when playing floor hockey. However, the gym teacher instructed the students to avoid “high-sticking” and went over safety rules prior to beginning the game. However, during the game, the plaintiff was accidentally struck in the eye by another student’s stick. As a result, the plaintiff required eye surgery and several follow-up appointments.

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

Published on: December 1, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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. For the most part, landowners must take action to clear known hazards or warn of the hazards that may not have been visible by the visitor’s naked eye. If a landowner fails to take the adequate precautions, they may be liable for a visitor’s injuries through a Florida premises liability lawsuit.In some cases, a landowner can be held liable for injuries that occur off their property, although this is a much rarer scenario. That is because the general rule is that landowners are not responsible to ensure a visitor’s safety before the visitor enters the property or after they leave the property. However, if the plaintiff can show that the defendant’s conduct increased the dangers involved, or if it obscured the off-site hazards, a defendant may be found liable for injuries occurring off their property.

A recent case provides an in-depth discussion of landowner liability as it pertains to off-site injuries.

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

Published on: November 27, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 failed to provide any evidence showing the defendant knew about the hazard that caused her fall.

The Facts of the Case

The plaintiff was a patron at a BBQ stand that was located on property owned by a sports club. After dining, the plaintiff slipped and fell on a public sidewalk near the stand. She sustained serious injuries in the fall and filed a premises liability case against both the sports club as well as the county that maintained the sidewalk.

The plaintiff claimed that the sports club was negligent in failing to clean a grease trap, resulting in grease spilling onto the sidewalk. The plaintiff claimed that the county was negligent in failing to clean up the grease on the public sidewalk. The case went to trial, and a jury determined that the sports club and the county were each 50% liable for the plaintiff’s injuries and that the plaintiff was 0% at fault.

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

Published on: November 24, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 about whether the care provided by a defendant doctor fell below the generally accepted standard of care.Due to the complex nature of Florida medical malpractice cases, Florida law places certain requirements on plaintiffs filing this type of case. One of the most important differences between medical malpractice cases and other personal injury cases is that medical malpractice cases are subject to a shorter statute of limitations. In Florida, a medical malpractice plaintiff must file their claim within two years of the incident (or, if the injury is not discovered until a later date, within two years of the plaintiff’s discovery of the injury).

A recent case presented a Florida appellate court with the chance to decide whether a plaintiff’s slip-and-fall accident should be considered a medical malpractice case.

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

Published on: November 9, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 who was injured. In order to succeed in a Florida premises liability case, the plaintiff must be able to establish, among other things, that the defendant landowner knew about the hazard that resulted in the plaintiff’s injuries.In a recent slip-and-fall case arising out of neighboring Georgia, the court had the opportunity to discuss premises liability law as it pertained to a case involving a man who fell on a patch of black ice after exiting his car in a hospital parking garage. Ultimately, the court concluded that the plaintiff failed to meet his burden of showing that the defendant knew about the black ice. As a result, the plaintiff’s case was dismissed.

The Facts of the Case

The plaintiff was dropping his wife off at the defendant hospital for a minor medical procedure. After the plaintiff dropped off his wife, he proceeded to the uncovered top level of the hospital’s parking garage.

Florida’s Recreational Use Statute

Published on: October 26, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 land. The extent to which a landowner must go to provide a safe property depends heavily on the relationship between the parties and the reason why the visitor is on the landowner’s property.One question that often comes up in Florida premises liability lawsuits is whether an accident victim can recover compensation when they are hurt on another party’s land while engaging in a recreational activity, such as swimming, hiking, hunting, fishing, or boating. The answer, as with many questions in the law, is “it depends.”

Under Florida’s recreational use statute, Florida Statute 375.251, some landowners who allow others to use their property for recreational purposes are immune from liability. In order to qualify for this immunity, a landowner must show that they allowed the injured person to use their land for a recreational purpose and did not collect a fee for doing so. The burden is on the landowner to establish these elements, and a landowner’s failure to present evidence of each will result in the court declining to find that the landowner is immune from liability. A recent case illustrates how a court might analyze a recreational use defense.

Plaintiff Unintentionally Excuses Defendant in Slip-and-Fall Case

Published on: October 23, 2017 | by Friedman Rodman Frank & Estrada, P.A.

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 agreements should be treated with caution. A recent appellate opinion discusses how one plaintiff’s execution of an overly broad settlement agreement actually dismissed multiple defendants from the case, despite her lack of intention to do so.

The Facts of the Case

The plaintiff was injured in a slip-and-fall accident that occurred outside an auto parts store. According to the court’s recitation of the facts, an employee of the auto parts store had recently mowed the lawn in front of the store and failed to clean up the grass clippings.

As it turns out, there was a recessed area in the pavement where a utility box sat. The grass clippings covered up this recessed area, and as the plaintiff walked past, she stepped in the hole, causing her to fall and sustain serious injuries.