What duty of care does a Florida hotel owe to someone visiting a hotel guest?

| June 22, 2016

According to Florida case law as of the date of this article, a person entering a hotel to communicate with a registered guest is required to receive the same degree of care that the guest is entitled to receive from the hotel. This principle is based upon the fact that the operator of a hotel […]

How Do You Know If A Business Acted Reasonably In Trying To Prevent a Parking Lot Slip and Fall Accident?

| June 16, 2016

According to a study on parking lot injuries, which focused on parking lots located at schools and college campuses, over half of all parking lot claims involved some type of slip and fall or trip and fall (the next most common parking lot claim is criminal assault). What caused these accidents to happen? According to […]

What duty does a hotel operator have towards its guests?

| June 15, 2016

According to Florida case law as of the date of this article, Florida law imposes a duty on a hotel or similar establishment to keep his or her buildings, premises, and appliances—or at least those parts to which the guests are invited or may reasonably be expected to use—in a condition that is reasonably safe for his […]

In Florida, who is considered a trespasser?

| June 13, 2016

According to Florida case law as of the date of this article, a trespasser is a person who enters someone’s premises without permission, invitation, or other rights. A trespasser intrudes for some purpose of their own, their convenience, or merely as a person with no apparent purpose other than to satisfy their curiosity. See: Barrio v. […]

If a person with permission to enter someone’s property brings another person onto the property, are both of them considered trespassers?

| June 8, 2016

According to Florida case law as of the date of this article, when a person has the right to enter property and he or she allows a third person to enter the property each party becomes a trespasser. See: Satin v. Hialeah Race Course, Inc., 65 So. 2d 475 (Fla. 1953) Related: What Type Of Legal […]

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 […]

How Do You Know If A Business or Property Owner Acted Reasonably In Trying To Prevent A Stairway Slip and Fall Accident?

| May 19, 2016

Whenever someone is injured in a slip and fall at a business location, one of the first things that a victim should realize when they are evaluating whether or not to purse a claim for the recovery of their damages is that the business is well aware that accidents are part of the risk of […]

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 […]