Articles Tagged with Deerfield Beach premises liability

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In Florida, if you get injured on someone else’s property, whether it is a private home or a business frequented by the general public, the law that controls whether the property owner is liable is known as premises liability law.  The basic rule is that a land owner will be liable to an injured guest in many situations, but it depends on the reason plaintiff was on the property at the time of the accident.

Deerfield Beach Injury LawAt common law, and still today, there is a distinction between licensees and invitees. A Licensee is someone who is on the property solely for his or her own enjoyment.  Basically, this person is on the property and is not benefiting the landowner.  This comes from a landmark legal decision from the Supreme Court of Florida entitled Stewart v. Texas (1953).  In this case, it was held that landowner only owes a duty to warn of known dangers, keep the property in reasonably safe condition, or intentionally places plaintiff in harm’s way.  An example of a business licensee would be someone who comes into a store to get change for a parking meter, but not to purchase anything. Continue reading →

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There are tens of thousands of hotels in Florida, and most make a handsome profit on the state’s booming tourism industry here in the Sunshine State. But with that comes an inherent responsibility to keep the property safe from unreasonable hazards. Failure to do so can result in a premises liability lawsuit. hotel12

However, hotel guests as invitees have a responsibility as well. They need to protect themselves from dangers that are open and obvious. Failure to do this can result in a reduction of damages or potentially even a dismissal of their case.

The question of whether a hazard is open-and-obvious has been sharply debated in courts across the country. Further, the defense isn’t absolute. It may be used as a way for the defense to argue reduced compensation to the plaintiff for the role he or she played, but it’s not necessarily a total bar to recovery (depending on the state where it occurs). Continue reading →

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