by Alan Sackrin | Feb 20, 2024 | FAQs, Premises Liability
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...
by Alan Sackrin | Jan 9, 2024 | FAQs, Premises Liability, Slip and Falls
According to Florida law, in a premises liability case, a business owner or landowner has a duty to warn when their knowledge of the danger is superior to that of the injured party: Looking at the second theory first, it is clear that there was no concealed peril...
by Alan Sackrin | Apr 4, 2023 | FAQs, Premises Liability, Slip and Falls
According to Florida case law, uneven floor levels are obvious and not inherently dangerous conditions: Uneven floor levels are obvious and not inherently dangerous conditions as a matter of law. E.g., Casby v. Flint, 520 So.2d 281, 282 (Fla. 1988) (finding that...
by Alan Sackrin | Mar 14, 2023 | FAQs, Premises Liability, Slip and Falls
According to Florida case law, there is no duty to warn or give notice of a dangerous condition to persons who are possessed with knowledge of a dangerous condition: The negligence alleged in this case is the failure to provide a fence, barrier, lights or other...
by Alan Sackrin | Feb 21, 2023 | FAQs, Premises Liability, Slip and Falls
According to Florida case law, there is no duty to warn one of open and obvious hazards: There is no evidence that sheetrock per se is inherently dangerous. Whatever danger existed by reason of its weight was quite obvious to and actually encountered by Mrs. Dyke in...
by Alan Sackrin | Jun 21, 2018 | Premises Liability
Slip and Falls, Food Poisoning, Burns, Discrimination And Other Personal Injury Claims. It is difficult to list the variety of restaurants available in Florida, and how many food and drink establishments operate here. A telling statistic: according to the National...