The cruise industry is a major business in South Florida. Many Florida residents and visitors go on a cruise out of Florida ports. Most of the time vacationers have a safe and fun time while they're on a cruise, but occasionally an accident occurs that may qualify for premises liability.
Going to the mall for Miami residents is a common activity, especially during the upcoming holiday season. Many people enjoy going shopping at places that have lots of stores, so they can shop in a short amount of time. Others use mall to get some exercise and socialize with friends. Regardless of what a person does there, malls are a community gathering place. But, no one expects they will suffer an injury while at the mall.
There are many hotels in Florida and people frequent them often for a variety of reasons. Florida is a popular destination for tourists especially as the weather gets colder in the north. So, the hotels may experience an increase in business soon. The cost of the hotels and the extra amenities they provide vary quite a bit, but no matter how much the hotel costs, they all must provide certain safety measures to keep their guests safe.
Private individuals or companies own much of the land in Florida, but there is still a lot of property which is owned by the government and is considered public property. In previous posts we have discussed property owners' responsibilities to keep their property free of dangerous conditions which could harm the people invited onto the property. However, what happens if someone injures themselves on a dangerous condition on public property?
Online shopping is becoming more and more popular in Florida. It may be the future of shopping, but today there are still many stores that have buildings where people go in and buy the items right there. People go to grocery stores, clothing stores, hardware and home goods stores, stores for electronics and many other types of stores. While people are in these stores they expect to be safe, and be able to go in buy what they would like and leave.
In general in Florida, there are different written and unwritten rules for adults and children. Some rules remain the same but, for example, people do not treat an adult in the same manner they would treat a seven-year-old child. There is an understanding that children's brains have not fully developed yet and in many situations they do not realize the consequences of their decisions and need much stricter guidance in order to make the right decision.
Accidents that occur on the property of others can be covered by the laws of premises liability. In Florida an injured party may have the right to sue the owner of a tract of land, building, or other type of property if that individual is hurt while visiting the relevant site. Though property-related accidents and injuries can occur in a number of ways, one common form of premises liability incident is a slip and fall case.
Nearly everyone in Miami walking through a grocery store or department store has seen the yellow caution signs warning customers of wet floors, often while employees mop floors, clean a spill or a store addresses a leaky roof. This is done to not only protect a customer from potential hazards at a store, but also to protect the property owner or store management from a premises liability lawsuit.
Contrary to what many people think, the mere fact that an accident occurs on someone else's property does not make the property owner liable. For the owner or possessor of land to be held liable for an injury on the land, Florida law requires proof that the owner or possessor violated a duty of care he or she owed to the injured person. What that duty of care consists of depends on the reason the injured person was on the premises in the first place.
Property owners in Florida have a legal duty to keep their premises reasonably safe for people who come on the property. When a landowner fails to remedy a hazardous condition on their property, serious injuries can result. The accidents caused by dangerous premises range from falls on wet floors or broken staircases to drownings and near-drownings in backyard swimming pools.