Is an Owner of a Natural Body of Water Required to Fence It or Put Up Signs?

| July 11, 2016

According to Florida case law as of the date of this article, an owner of a body of water, is not required to fence it, post guards, or put up signs in areas that are not designed for swimming.  This is true even in the case of children, unless there is some unusual danger not […]

Are there factors that a hotel should consider when determining if it is providing adequate security for its guests?

| July 7, 2016

According to Florida case law as of the date of this article, there are several factors that a hotel should evaluate in determining whether or not crime is foreseeable (meaning, a crime is likely to occur). Those factors include: the crime rate in the community peculiar security problems created by the hotel’s design industry standards presence of […]

Can a person entering a hotel to use the swimming pool without authority change their status from trespasser to invitee by befriending or conversing with hotel guests?

| June 29, 2016

According to Florida case law as of the date of this article, a person entering a hotel’s premises without authority to use the swimming pool cannot change their status from trespasser to invitee by befriending or conversing with the hotel guests. See: Pedone v. Fountainebleau Corp., 322 So. 2d 79 (Fla. 3d DCA 1975) Related: What […]

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? _______________ […]