challenges you face.
Can I claim damages if I fall on a waxed floor in Florida?
According to Florida law, to claim and recover damages from the owner after a slip and fall on a waxed floor, the victim must shows acts of negligence buy the owner or other responsible party. This could be due to improper waxing or polishing methods, or showing that...
What is a key factor in premises liability in Florida?
According to Florida law, a key factor in premises liability in Florida is the failure of a person in actual possession and control of a property—whether they are the owner, an agent, a lessee, a construction contractor, or any other possessor with authority—to use...
Must a business take additional precautions for your safety?
According to Florida law, a business and/or property owner can be held liable for not taking additional precautions for your safety when a danger is such that the owner should reasonably anticipate that it creates an unreasonable risk of harm despite a warning or your...
What is the duty to maintain premises in Florida?
According to Florida law, a business establishment has a duty to maintain its premises in a reasonably safe condition, and to warn of any concealed perils: A landowner owes an invitee a duty to: (1) “use ordinary care in keeping the premises in a reasonably safe...
Do you need a handrail on stairs to make them safe?
According to Florida law, as a general rule, handrail(s) are necessary to make steps or stairs reasonably safe: Whether, as a general rule, handrail(s) are necessary to make steps or stairs reasonably safe, see generally Atlantic Terrace Co. v. Rosen, 56 So.2d 444...
What must be proven to show criminal attack was foreseeable?
According to Florida case law, where the plaintiff alleges that the defendant had a duty to protect against reasonably foreseeable criminal conduct, the plaintiff must prove that the defendant had knowledge of similar criminal actions occurring on the premises: The...
When is a hotel liable for criminal-caused personal injury?
According to Florida law, a hotel may be held accountable if it fails to implement reasonable precautions to prevent or deter the type of criminal activity that resulted in a guest's injury (bodily injuries): An innkeeper may be liable if he fails to take reasonable...
What’s a hotel operator’s legal duty to patrons?
According to Florida law, a hotel owner and/or operator is under a continuing legal obligation to use ordinary care to keep the premises in a reasonably safe condition. They must protect patrons from harm due to reasonably foreseeable risks of injury: A motel operator...
What duties of safety do hotels owe to guests?
According to Florida law, a hotel has a duty to use reasonable care to maintain the premises in a safe condition, warn of concealed perils known to the hotel and conduct inspections: As a registered guest, Yuniter was a business invitee of the motel. See Steinberg v....
What is constructive knowledge?
According to Florida law, constructive knowledge is the inference of knowledge based on existing law or legal principles. For example, under Florida's Premises Liability statute (768.0755), constructive knowledge, based on circumstantial evidence, infers that a...