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If you’ve ever served alcoholic beverages at a social gathering, did you worry over your guests and their ability to drive home safely? Here in Florida, people driving under the influence cause over 1000 traffic fatalities every year. The worry is real. To protect guests who attend private parties, many states put social host liability [...]
Fall injuries account for over eight million ER visits a year. That number eclipses all other injury-related hospital visits, including car crashes and drug overdoses. Workers’ compensation, which is basically no-fault insurance, usually covers most of these incidents, as they occur at construction sites and in similar settings. But Florida workers’ comp does not apply [...]
Theoretical legal responsibility is just one component of a Florida slip-and-fall claim. The victim/plaintiff must also establish knowledge. If the owner did not know about the condition, the owner is not liable for injury. Florida courts broadly interpret the res ipsa loquitur (“the thing speaks for itself”) doctrine. So, victims do not need to prove [...]
These incidents are the leading cause of workers’ compensation claims and also the leading cause of days missed from work. But occupational slip-and-fall injuries are by no means the only problem. A fall can happen anytime and anywhere, especially to young children and older adults. Because of their still-developing bodies, many children must undergo a [...]
Almost all Floridians slip and fall from time to time. Typically, these incidents involve little or no injury. But that’s not always the case, as roughly eight million Americans are rushed to an emergency room every year because of a slip-and-fall. These victims often face substantial medical bills. In addition to the costs of both [...]
Sexual harassment, sexual battery, and other such cases have been in the headlines a lot during the latter months of 2017, and in most cases, the dispute is one between the alleged victim and alleged abuser. But in some cases, a landowner or other responsible third party may also be at fault, even if this [...]
A West Palm Beach woman lost her appeal against a condominium company; she had sued for damages following a slip-and-fall in a retail area. In Arp v. Waterway East Association, the victim slipped on a loose pavement stone in a shopping center parking lot about 11:00 one night. At trial, the victim testified that she [...]
Drowning is the leading cause of unintentional death for children under four, and for every one fatality, five are treated in hospital emergency rooms for serious injuries. A submerged person develops serious brain damage in about four minutes, and after just six minutes, there is a significant risk of coma and death. These statistics, as [...]
Over 8 million victims a year visit hospital emergency rooms after a serious fall, making these incidents the most common reason for such trips. Similarly, workplace falls cause more days of missed work than any other type of job injury. Many falls occur at home, but many other happen at shopping malls, office buildings, parking [...]
In a previous post, we examined the legal aspects of dog bite claims. But animal attacks are only one rather small component of premises liability law, an area that also includes slip-and-fall injuries, swimming pool drownings, theme park injuries, and even some third-party criminal claims. Duty in Premises Liability Matters Negligence law basically divides vehicle [...]
