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Premises Liability Archives | Farah & Farah

PREMISES LIABILITY – STAY SAFE IN PUBLIC PLACES

By Farah & Farah on May 3, 2017

Jacksonville Fire and Rescue were recently called to a parking lot hotel off Baymeadows Road, where a man was found unresponsive, in life-threatening condition after being shot.

A robbery with injuries happened last month in the Jacksonville parking lot of a fast-food restaurant during the early morning hours.

If you are injured in the parking lot of a business, or inside the store, or on any portion of the premise, business owners and lessees may be liable.

They have a duty to maintain protect your safety.   

Legally this is known as premises liability.

You may think people should always look where they are going and just be careful. If they are hurt, it’s their own fault.

But consider what can happen at a business:

*Someone attacks you in a parking lot.

*You are stuck in an elevator or a child’s shoe is trapped in an escalator.

*A waiter spills hot coffee on you causing serious burns.

*You suffer a slip and fall caused by a substance on the floor that was never cleaned up.

*You fall through a cellar grate that was not properly secured.

*A fire exit is closed, preventing someone from leaving in an emergency.

*A swimming pool with no barrier allows a child to fall in.

*A big box store has not secured a large box on its upper shelves. It falls on you or a family member.

These are just a few examples that a concerned property owner must address.

In court, or during settlement discussions, the injured plaintiff must prove that the unsafe condition was caused by the carelessness of the property owner or that, at the very least, they should have known it existed.

If you are involved in an accident on a premise, you must immediately take pictures of the scene as it was.  Photograph, or have someone photograph with your cell phone, a broken grate, a spilled substance on the floor or a broken railing.

Something was on the floor and no one attended to it. 

If violent crime repeatedly in one location, the owner has a responsibility to have enough security on site and proper lighting.

Criminals don’t want to be caught so they go somewhere else.    

Instead, businesses often blame the victim. 

There is also something known as comparative negligence that can reduce the liability of the property owner. If, for example, you were drunk when you fell down the stairs, that could reduce any recovery you receive. 

Most juries can be convinced that when property or business owner does not take care of its invited guests, they should be responsible for the accidents that happen there.

Nine Year Old Child Injured at CoCo Key Hotel and Water Resort in Orlando, Florida

By Farah & Farah on April 17, 2017

Recently, on Saturday, March 18, a nine year old boy was injured at the CoCo Key Hotel and Water Resort. In fact, he was unconscious when the emergency response team arrived and rushed him to the hospital. The managers of the resort declined to comment on what exactly happened, though it was revealed that the incident occurred while the child was playing in one the pools that are located at the Coco Key Hotel and Water Resort.

Hotels and resorts are a common location for accidents that cause a substantial amount of damage and serious injuries in Orlando, Florida, frequently resulting in premises liability claims against the business. Those who stay at these locations are considered to be invitees, as paying customers, and the hotels and resorts are responsible for maintaining the property and ensuring that their guests are safe when enjoying the many features and activities of a resort.

Of course, the staff and management will not be inclined to comment on the issue as they are preparing to face the challenges of a legal situation in which it behooves them to be particularly careful about what they might say concerning what exactly occurred. The management at the Coco Key Hotel and Water Resort have, no doubt, instructed their employees to keep quiet on the subject as they converse with their own legal representation.

This then calls into question the potential liability of the resort and how the family of the child might be able to recover compensation for the injuries and damages sustained by their child, who, we can only hope is able to fully recover from those injuries. Meanwhile, as the business consults their attorneys, the family would be wise to consult an attorney of their own.

What Exactly Does It Mean to be an Invitee at an Orlando, Florida Resort?

When any kind of personal injury occurs, it is important to know what your status is on the property. You could be a licensee, an invitee, or a trespasser, and this will determine whether or not a duty of care was owed to you and what kind of duty that was. For example, if someone has trespassed, there may be no duty of care owed, or a much lighter duty of care on the part of the property owner. As paying customers at this hotel and resort, the child and his family are considered to be invitees, just as they would be at a grocery store or any other business that welcomes the public or paying customers onto their premises.

What Determines Liability in a Personal Injury Claim Against the Hotel and Resort?

There are multiple factors that could indicate liability in a personal injury premises liability claim against the Orlando, Florida hotel and resort. Because the guests are invitees, they are owed a duty of reasonable care by the management and staff. Failing to take reasonable care to prevent injuries from occurring can be the fault of the management for not having safe policies and procedures in place to prevent such accidents, or it could fall on the staff who failed to follow through with the procedures and policies in place. Still, it is the hotel and resort management and owners who are responsible for the employees. Thus, if an employee’s negligence led to the personal injury that occurred, the family will likely have a valid claim against the resort.

Establishing Negligence on the Part of the Hotel and Resort Management or Staff

The guests who wish to pursue a premises liability claim against an Orlando, Florida hotel and resort will need to prove negligence. This means that they have to prove that they were a paying customer, an invitee, who was owed a duty of reasonable care. They must also prove that the hotel breached that duty of care in some way through the action or lack of action on the part of their management or staff. They must then prove that their injuries were caused by this breached duty of care, and that economic damages resulted.

What is Constitutes the Reasonable Duty of Care Owed by the Hotel and Resort?

There are many things that a hotel and resort needs to do to maintain a reasonable duty of care towards their guests. This includes regularly inspecting the property and addressing any hazards, discovering and repairing dangerous conditions, and/or warning guests of the given dangerous conditions. They should also ensure that there is adequate security. In the case of a resort with pools and water activities, there should be a lifeguard present and/or notification that there is not a lifeguard on duty. They also have to take care when hiring staff, by conducting background checks and ensuring that their staff are responsible and law abiding. If a staff member were to fail in his or her responsibilities, due to intoxication, for example, the hotel might be found negligent if they did not conduct a background check that might have revealed a history of alcohol or drug abuse, and/or if they did not conduct drug tests prior to hiring.

What Happens When Hotel and Resort Employees Make Mistakes?

Even though a hotel and resort cannot entirely control the actions of their employees, they are still legally responsible for the actions of those employees while they are working. Thus, if an employee is required to complete maintenance and fails to do so, resulting in injury, then the hotel and resort is still responsible for this. However, if the employee acted in a way that was egregiously negligent, willfully harmful, and directly against company policy, there may be situations where the employee is liable for the injury themselves.

The Attorneys at Farah & Farah Can Help You With Your Orlando Premises Liability Claim

If you or a loved one has found themselves in a similar situation in which an Orlando, Florida hotel and/or resort is potentially liable for your injuries, contact a experienced premises liability attorney in Orlando at Farah & Farah to schedule a free consultation and discuss the merits and value of your premises liability claim.

Posted in: Premises Liability

Florida Premises Liability FAQ

By on February 25, 2016

Farah & Farah has handled many premises liability claims over the past 35 years. The following are some of the most common questions we hear concerning this area of law.

Q: What is premises liability?

Premises liability is an area of the law that deals with the duty a property owner or manager has to keep people safe on their property. If poor maintenance of a property causes a person’s injury, the owner or manager of that property has failed in their duty to keep people safe. To establish negligence in a premises liability case, you’ll have to prove that someone failed to keep a premises reasonably safe, that you were injured on that premises, and that a lack of reasonable safety led to your injury.

Q: Where do premises liability injuries happen?

Premises liability injuries can happen at any location. Here are the commercial locations we most often see in premises liability claims: Read the rest »

Posted in: Premises Liability

Woman Killed by Homemade Residential Elevator

By on August 13, 2013

Authorities are still investigating why a 66-year-old woman was crushed to death by a homemade elevator that was located outside a three-story home in Weeki Wachi.

The husband of a wheelchair-bound woman built the elevator 17 years ago when the house was constructed. According to WTSP News, the husband had built the elevator from a forklift, wood and welded metal to help his wife get around the residence.

The victim reportedly had come to the home to visit the woman, who was alone at the time, when the tragic accident occurred. The wheelchair-bound woman had sent the elevator down to the first floor in anticipation of her friend’s visit, but became concerned when she hadn’t shown up.

Read the rest »

Miami Restaurant Deck Collapses; 24 Injured, At Least Two Critically

By on June 21, 2013

At least 24 people, out of many who had gathered to watch Game 4 of the NBA Finals, were injured when a deck collapsed at a popular seaside restaurant on Biscayne Bay in Miami. Although reports vary, at least two, but possibly three people were critically injured after patrons tumbled into the waters of the bay following the collapse.

The premises liability attorneys at Farah & Farah in Jacksonville Beach have learned that as many as 100 people were on the Shuckers Bar and Grill deck when the tragic accident occurred. Many interviewed by NBC Miami described the scene as “chaotic.” One patron recounted, “Suddenly there was a sound. It was a loud crash and it all came down. Everyone went down like the Titanic…” Read the rest »

Hotel Guest Finds Drug Needles in New Port Richey Ramada Inn Coffee Machine

By on January 3, 2013

Personal injury attorney Charlie E. Farah recently discovered a story that, if true, is truly frightening.

A guest at the Ramada Inn Bayside in New Port Richey got an unpleasant surprise on Christmas Day when he discovered several syringes, a spoon, and a medicine bottle stashed inside the water reservoir of his hotel coffee machine.

According to the Tampa Bay Times, the man had initially used the coffee maker to make tea, but had stopped drinking it because it tasted “funny.” Figuring the taste might be attributed to bad tap water, he got some bottled water to put into the machine — that’s when he made the grim discovery inside the water reservoir. Read the rest »

Woman Injured in Jacksonville Elevator Mishap Awarded $13 Million

By on September 25, 2012

FL Premises Liability LawsuitA 54-year-old woman, who was left shaken and injured after an elevator malfunctioned at a Jacksonville high-rise, has won a $13 million jury award.

According to testimony, the incident occurred in May 1999 when the woman was in the elevator on the 23rd floor of the Jacksonville building. That’s when the malfunctioning elevator started plummeting in fits and starts — all the way down to the basement.

The building did have an on-site elevator mechanic on call that day, but rather than taking the woman off of the elevator when it began malfunctioning, he sent her all the way down to the basement of the building. She experienced several more frightening plunges on the way down before reaching her destination. Read the rest »

Miami Teen Sues after Falling through Gap in John’s Pass Bridge

By on July 17, 2012

The teenage girl never saw it coming as she ran up the median that divides the north and south lanes of the newly rebuilt John’s Pass Bridge. What she didn’t see was the three-foot-wide, 100-foot-long gap that suddenly opened up before her.

What began as a lighthearted attempt to watch a friend riding a personal watercraft in March of 2011, ended in a devastating fall as she plummeted through the gap in the bridge, shattering her pelvis and breaking her arm. She spent three weeks in Bayfront Medical Center before she was released.

The teen ended up attending her high school graduation in a wheel chair. She thought she would never walk again. Read the rest »

11-Year-Old Girl Dies after Being Electrocuted at Mini-Golf Course Near Orlando

By on July 3, 2012

An 11-year-old girl was electrocuted at a Celebration resort while attempting to retrieve her golf ball from a pond at a mini-golf course.

Orange County Sheriff’s reported that the little girl’s family was visiting the Orange Lake Resort in Kissimmee from New York when the tragic incident occurred. She was playing putt-putt golf at the resort when her ball went into a 2-foot-deep pond and she went in to retrieve it.

Suddenly, she started screaming. A guest from Alabama attempted to rescue the girl, but did not succeed. He was injured during the rescue attempt. Read the rest »

Tampa Apartment Gate Falls on Little Girl, Killing Her

By on April 17, 2012

Tragedy struck in Tampa when a heavy metal gate at the entrance of the Brookside Apartments fell on a 7-year-old-girl who was on her way to school, killing her.

Tampa police are still investigating why the second-grader — a student at Riverhills Elementary School — was killed. Police told The Tampa Tribune that the gate, which slid on rails as opposed to swinging on hinges, was not electronically operated and was manually opened and closed by the residents.

Detectives said the gate hadn’t been working on the day of the premises liability accident in Tampa and they were investigating whether it had been taken off its tracks or had been leaning on another part of the fence before the incident. Read the rest »

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The attorneys of Farah & Farah in Jacksonville, Florida have experience with personal injury, medical malpractice, product liability, workers’ compensation, social security, injury and negligence lawsuits. Eddie Farah and our team of Jacksonville attorneys are proud to represent working people and families throughout the country.

*Disclaimer: Not all results are provided and not all clients have provided testimonials, the results are not necessarily representative of results obtained by the lawyer, and a prospective client’s individual facts and circumstances may differ from the matter in which the results and the testimonials are provided.

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