Most Florida premises liability cases arise after a guest or customer is injured while on the defendant’s property. These cases generally proceed under the theory that the landowner either failed to warn their guest of a known hazard or did...
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Florida Court Holds Landowner Can Be Liable for Injuries, Even Though the Hazard Was “Open and Obvious”
As a general rule, Florida landowners owe a duty of care to those whom they invite onto their property. This duty, however, is not without its limits. For example, a landowner will not typically be found liable for injuries that...
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Slip-and-Fall Claims, What Are Your Rights?
As a general matter, Florida landowners owe a duty to those whom they invite onto their property to keep the area reasonably safe and warn visitors of known hazards that may not be readily apparent. The extent of the duty...
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Update: Investigation Sheds Additional Light on Florida Roller Coaster Accident
In June of this year, six people were seriously injured when the Sand Blaster roller coaster on the Daytona Beach Boardwalk malfunctioned. News reports at the time explained that the coaster derailed shortly after it had re-opened after being closed...
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Florida Court Discusses Medical Malpractice Pre-Suit Requirement
In a recent case, a state appellate court issued an opinion in a Florida personal injury case requiring the court to discuss the state’s medical malpractice pre-suit requirement and whether the plaintiff’s case was required to comply with that requirement....
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Hardware Store’s Motion for Summary Judgment Denied in Recent Florida Premises Liability Case
Earlier this month, a state appellate court issued a written opinion in a Florida premises liability lawsuit requiring the court to determine if the lower court was correct to grant the defendant hardware store’s motion for summary judgement. The court...
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Florida Roller Coaster Derails, What are the Victims Rights?
Earlier this month, six people were hospitalized after a car on the Sandblaster rollercoaster in Daytona Beach’s Mardi Gras Fun Center derailed. According to a local news report, the coaster was carrying ten people in three separate cars when the...
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Florida Court Holds Determination of Whether Grocery Store Had Knowledge of Spill Was a Question for the Jury
Earlier this month, a state appellate court issued a written opinion in a Florida premises liability case brought by a woman who slipped and fell while in a Whole Foods grocery store. The case presented the court with the opportunity...
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Florida Supreme Court Discusses When a Case Must Comply with the State’s “Onerous” Medical Malpractice Requirements
In Florida, lawmakers have determined that lawsuits bringing claims of medical malpractice must comply with additional requirements that are not necessary in Florida personal injury cases bringing claims under a traditional theory of negligence. In so doing, lawmakers put courts...
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Establishing Liability in Florida Slip-and-Fall Cases
When someone slips and falls on the property of another party, they may be entitled to recover compensation for the injuries they sustained as a result of the fall through a South Florida premises liability lawsuit. To prove a slip-and-fall...
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