Category Archives: Premises Liability
Premises Liability & Child Trespassers
Premises liability is a theory of law that states that a business or property owner can be liable for injuries suffered by a visitor to those premises. Florida law holds that most of the time, the owner is not liable for any injuries suffered by an adult trespasser. However, the situation is very different… Read More »
Jury Reaches $6M Verdict In Boca Raton Premises Liability Case
In mid-December 2022, a jury awarded $6 million in damages to a 34-year old man who sustained a severe traumatic brain injury (TBI) on the premises of Boca Raton’s “beloved” Mizner Park shopping mall. The man was in the mall’s parking garage when a 15-pound ceiling panel struck him in the head, causing severe… Read More »
Does Premises Liability Law Apply On Florida Cruise Ships?
After almost two years of impacted operations due to the COVID-19 pandemic, Tampa and all the other Florida cruise ports are back to near-normal, running a complete schedule and welcoming passengers back on board ships. Passengers are signing up in droves for the same fun experiences they experienced pre-pandemic – but they also must… Read More »
Breaking Down Premises Liability In Florida
The concept of premises liability is an old one, able to be traced back to English common law (that is, law that came about due to judges deciding cases, rather than legislators making laws). However, the average person only comes into contact with this legal concept when they are injured on someone else’s property…. Read More »
What Is A “Transitory Foreign Substance” & Why Does It Matter?
In Florida, if a person sustains an injury while they are on someone else’s property, the property owner or operator may be held liable if they failed to make their premises safe. This maxim does apply in slip-and-fall cases – except for in cases where the injured plaintiff slipped and fell while inside a… Read More »
Swimming Pool Injuries & Premises Liability
Florida’s weather means that swimming pools are open much longer there than in the majority of other U.S. states. However, this does not mean that all Floridians are well educated about the risks their pools can pose. Florida consistently ranks high on the number of drowning deaths for young children – the state set… Read More »
Attractive Nuisance & Florida Premises Liability Law
Normally, when a trespasser walks onto someone’s property, the owner has very little duty to exercise care toward that trespasser – Florida law only requires that an owner refrain from intentionally injuring the trespasser. However, when the trespasser is under the age of 18, the duty shifts drastically. Minor children are presumed to not… Read More »
Employee As Business Invitee: Florida Premises Liability Law In Action
Florida premises liability law recognizes three classifications for people who visit another person’s property – invitees, licensees, and trespassers – and each group is owed a different duty of reasonable care by the property owner. Normally, employees who are injured on a work site avoid this discussion entirely, choosing to take workers’ compensation benefits… Read More »
Three Classes Of Visitor Under Florida Premises Liability
Florida’s premises liability law sets out general obligations for landowners (or, in some cases, business owners) toward the people who come onto their property. All visitors are owed a certain baseline, minimal degree of care – but state law establishes three separate classes of visitor, each of which are owed a different standard of… Read More »
Child Trespassers Under Florida Law
When a person visits another person’s land, or the home or business on that land, they are subject to a branch of Florida law known as premises liability. Premises liability law establishes that landowners have a duty of care toward the people who visit their property, depending on their legal classification. Trespassers are at… Read More »
