In a Florida Trip and Fall Does The Victim Have to Show The Property Owner or Business Owner Had Knowledge of The Negligent Condition?

| June 6, 2016

According to Florida case law as of the date of this article, a property owner or business owner will not be liable for a trip and fall without the victim providing evidence of the owner’s constructive knowledge or actual knowledge of the dangerous or negligent condition. See: Miami-Dade County v. Herndon, 776 So. 2d 360 (Fla. Dist. Ct. […]

Do you have to warn of dangerous conditions that are obvious?

| May 25, 2016

According to Florida case law as of the date of this article, normally, there is no duty to warn of obvious and apparent dangers. See: Kloster Cruise Ltd. v. Grubbs, 762 So. 2d 552 (Fla. Dist. Ct. App. 3d Dist. 2000) Related: Duty to Warn of Dangerous Conditions in Florida What Is A Foreseeable Risk? _______________ […]

Is a property owner liable for a victim’s injuries no matter where the injury occurred?

| May 23, 2016

According to Florida case law as of the date of this article, the owner of property is not liable for a victim’s injuries if the injury occurred in the part of the property that was not covered by the invitation.  An owner does not have a duty to an invitee to keep the entire property […]

Does a property owner have a duty to protect invitees from a criminal attack?

| May 18, 2016

According to Florida case law as of the date of this article, a property owner does not have a duty to protect invitees from a criminal attack, and the owner will not be held responsible for the criminal act of a third person that could not be foreseen or anticipated. See: Drake v. Sun Bank and […]

What happens when there is no evidence that the property owner  had actual knowledge of a hazardous condition on their property?

| May 16, 2016

According to Florida case law as of the date of this article, where there is no evidence of the property owner’s actual knowledge of the hazardous condition on their premises, the injury victim must proceed on the theory that the property owner had constructive notice. See: Colon v. Outback Steakhouse of Florida, Inc., 721 So. […]

How Far Does The Duty To Keep The Premises Safe For An Invitee Extend?

| May 11, 2016

According to Florida case law as of the date of this article, the duty to keep the premises safe for an invitee extends to every part of the premises that are included in the invitation and that are necessary for the invitee to visit or use in the course of the business for which the […]

Is the duty of a property owner impacted by the activities occurring on the premises?

| May 9, 2016

According to Florida case law as of the date of this article, an owner has a duty to keep his or her premises in a reasonably safe condition commensurate with the activities conducted thereon and is only responsible for foreseeable risks. See: Harrell v. Martin, 345 So. 2d 868 (Fla. Dist. Ct. App. 1st Dist. […]

What is a foreseeable injury?

| May 4, 2016

According to Florida case law as of the date of this article, a foreseeable injury is one which a careful person would expect to likely result from a given action; the exact injury or manner in which it happens doesn’t need to be foreseen, but rather it only needs to be foreseeable that some injury […]

What duty does a business owner owe a business invitee?

| May 2, 2016

According to Florida case law as of the date of this article, a business owner owes a business invitee the duty to use reasonable care in maintaining the premises in a reasonably safe condition. See: Moultrie v. Consolidated Stores Intern. Corp., 764 So. 2d 637 (Fla. Dist. Ct. App. 1st Dist. 2000) Related: What Type […]

What amount of care is required of a business owner?

| April 27, 2016

According to Florida case law as of the date of this article, the amount of ordinary and reasonable care required of a business owner depends on the nature of the business and all ordinary, customary, and reasonable uses which might occur on the premises. See: Brightwell v. Beem, 90 So. 2d 320 (Fla. 1956) Related: […]