Premises Liability

Florida Court Determines Residential Community Is Not Liable for Car Accident Allegedly Caused by Dangerous Parking Policy

Published on: January 15, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether a private residential community could be held liable for the injuries sustained by motorists who were involved in a collision within the community. Ultimately, the court concluded that any alleged negligence of the community was not the proximate cause of the car accident, and thus the plaintiff’s case was dismissed.

The Facts of the Case

According to the court’s opinion, the plaintiffs were driving through a residential community when another motorist rear-ended them. Evidently, the plaintiffs’ vehicle had come to a stop to allow oncoming trucks to pass through a narrow area of the road where there were cars parked on both sides of the street. As the plaintiffs waited for the vehicles to pass, they were rear-ended.

The plaintiffs filed a Florida personal injury lawsuit against the motorist that struck their vehicle as well as the residential community. In support of their claim against the residential community, the plaintiffs cited a city code that prohibited parking on both sides of the street. Apparently, when the community was first created parking was only permitted in the driveways of residents’ homes; however, after discovering that this policy resulted in a severe parking shortage, the community allowed parking on both sides of the street. The plaintiffs claimed that by allowing residents to park on both sides of the road in violation of the city ordinance, the residential community was partially responsible for the accident.

Court Discusses Permissible Scope of Liability Release Waiver in Recent Florida Car Accident Case

Published on: January 11, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion in a Florida car accident case requiring the court to determine if a liability release waiver signed by the plaintiff prevented her from pursuing a case against the defendant. Ultimately, the court concluded that the scope of the release waiver did not include the specific type of claim brought by the plaintiff.

The Facts of the Case

According to the court’s written opinion, the plaintiff was run over by a pick-up truck while she was attending a race at the Daytona International Speedway. Evidently, before the accident, employees of the speedway instructed the tow-truck driver to back the truck up into the area where the plaintiff was standing.

As a condition of allowing the plaintiff into the raceway, the racetrack asked that she sign a release of liability waiver. In essence, that waiver stated that the plaintiff acknowledged that there were dangers associated with standing on or near the raceway and that she agreed not to pursue any claims if she was injured due to “any negligent” actions of the defendant.

Florida Schools May Be Liable for Students’ Injuries

Published on: January 4, 2019 | by Friedman Rodman Frank & Estrada, P.A.

While no parent wants to think about the possibility of an accident occurring while their child is at school, on occasion these accidents do happen. When a child is injured in a Florida school accident, the parents of the child may be able to pursue a claim for compensation against the school based on the school’s duty to keep students safe.

In a recent case released by a state appellate court, a student’s lawsuit against a school district resulted in a defense verdict after the court instructed the jury that the school only owed the student a duty of ordinary care. The student had argued that, based on the “special relationship” that a school has with its students, the school owed her a heightened duty of care.

The court rejected the plaintiff’s interpretation, noting that schools have historically owed students a duty of reasonable care unless the harm was caused by some intentional conduct of a teacher or school administrator. Thus, in that case, the court affirmed the court’s decision to instruct the jury and the jury’s ultimate verdict.

League Organizers May Be Liable in Florida Sports Injury Cases

Published on: December 24, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Anytime someone participates in a sporting activity, there is a risk that they could be injured. However, participants reasonably assume that the organization arranging the game has implemented rules to keep players safe and free from experiencing an unnecessary Florida sports injury.

In a recent opinion released by a federal appellate court, the court allowed a plaintiffs’ lawsuit to proceed against a youth water polo league based on the league’s failure to implement and enforce rules to keep players safe. The case illustrates the type of situation in which a Florida sports injury victim may be able to pursue a claim for compensation for the injuries they have sustained.

The Facts of the Case

According to the court’s opinion, the plaintiff was the mother of a student water polo player who was repeatedly hit in the head during the game and each time put back into play. The student ended up suffering a concussion and debilitating post-concussion syndrome.

Court Dismisses Snowboarder’s Case Against Resort Based on Assumption of the Risk: How Florida Courts May Differ

Published on: December 20, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued a written opinion in a personal injury case illustrating an important difference between Florida personal injury law and the laws of many other states. The case involved the defendant’s allegation that the plaintiff assumed the risk of injury and thus, should be precluded from obtaining compensation for her injuries.

Assumption of the Risk

In some states, if it is determined that a plaintiff voluntarily assumed the risks that resulted in her injuries the plaintiff is not allowed to recover for her injuries. The theory is that a person who is aware of the risks involved in an activity is able to weigh the risks before engaging in a particular activity. In general, Florida courts will not preclude a plaintiff from recovering for her injuries even if she was determined to have assumed the risk of injury. Instead, the court will allow the jury to factor the assumption-of-the-risk analysis into its comparative negligence finding.

There are, however, two exceptions to this rule, one of which is the participation in contact sports. If a plaintiff is injured while engaging in a contact sport, they may be found to have assumed the risks involved. The other exception involves a situation where a person signs a contract agreeing not to sue.

Court Permits Premises Liability Case to Proceed After Applying the Res Ipsa Loquitor Doctrine

Published on: November 13, 2018 | by Friedman Rodman Frank & Estrada, P.A.

A state appellate court recently released an opinion in a case discussing the doctrine of res ipsa loquitor as it relates to personal injury matters. Res ipsa loquitor is a Latin phrase that roughly translates to “the thing speaks for itself.” The doctrine may apply in some Florida personal injury cases where the exact cause of a plaintiff’s injury is unknown, but the nature of the accident is such that it would not likely have occurred absent the defendant’s negligence.

The Res Ipsa Loquitor Doctrine

Res ipsa loquitor is an old common-law doctrine that allows for the judge or jury to infer a defendant’s negligence from the surrounding circumstances. For the doctrine to apply, Florida courts require the plaintiff to establish three elements. First, the plaintiff must show that the instrumentality that caused the plaintiff’s injuries was in the sole control of the defendant. Second, that the accident resulting in the plaintiff’s injuries would likely not have happened absent the defendant’s negligence. And finally, that no direct proof of negligence is available.

The Case’s Facts

This case involved a woman who was injured as she was exiting an elevator in the defendant condominium complex. According to the court’s opinion, the woman was exiting the elevator when the doors to the elevator suddenly closed on her. The plaintiff filed a personal injury case against the condo complex, asserting claims under the doctrine of res ipsa loquitor.

Court Finds Grocery Store Does Not Have a Duty to Provide “Staged” Shopping Carts to Customers

Published on: November 8, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued an interesting opinion in a personal injury case discussing whether the defendant grocery store had a duty to provide staged shopping carts for the use of customers. Ultimately, the court concluded that the store did not have such a duty and did not voluntarily assume a duty by implementing standard operating procedures directing employees to stage carts when they had spare time.

The case presents an important issue that frequently arises in Florida slip-and-fall cases. Specifically, it involves the existence and extent of a duty that a business owes to its customers.

The Facts of the Case

According to the court’s opinion, the defendant grocery store maintains a corral of shopping carts near the store’s entrance. The store employs a greeter whose job it is to stand by the entrance and greet customers. While the greeter’s primary responsibility is to greet customers, the store’s standard operating procedures call for idle greeters to stage shopping carts by dislodging them from one another and loosely nesting them, making it easier for customers to obtain carts.

Court Considers Case Arising Out of Vacation Rental Slip-and-Fall

Published on: November 1, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Last month, a state appellate court issued an opinion in a personal injury case that raised an interesting issue that arises in many Florida slip-and-fall cases. The case presented the court with the opportunity to discuss the extent of the duty that was owed to the plaintiff by the defendant, who operated a vacation rental house that was rented out on a weekly basis. This is an important determination because Florida premises liability cases often turn on the extent of the duty the defendant owes to the plaintiff.

The Facts of the Case

The plaintiff was injured in a slip-and-fall accident in a vacation rental home that was owned by the defendants. According to the court’s recitation of the facts, the defendants rented the fully furnished house out for approximately six months, using the house themselves for the remaining portion of the year.

During the six months when the house was being rented out, the defendants used a property management company to handle the day-to-day affairs. The property management company advertised the home for rent, provided cleaning and linen services in between occupancies, and dealt with the check-in and check-out process.

Court Rejects Wrongful Death Claim Against Concert Planners in Recent Drunk-Driving Case

Published on: October 11, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a federal appellate court issued a written opinion in a personal injury case involving a fatal drunk driving accident that occurred during the South-By-Southwest Music Festival (SXSW). The case required the court to determine if the plaintiff’s lawsuit against the event planners should proceed toward trial. Ultimately, the court concluded that the plaintiff’s case against the event planners should be dismissed because the defendants did not control the area where the accident occurred.

The Facts of the Case

According to the court’s opinion, the SXSW festival is a city-wide event with various venues across the city participating in festival activities. Thus, the event planners routinely applied for special use permits from the city to close certain city blocks. Specifically, the use permit that was obtained by the event planners stated that all “traffic controls must be provided in accordance with the approved traffic control plan.

One early morning during the festival, police attempted to pull over a motorist for a minor traffic infraction. However, the driver fled police and drove through a series of barriers and directly into a crowd of people. The plaintiffs were the surviving loved ones of a man who was killed by the drunk driver.

Florida Court Dismisses Slip-and-Fall Case, Finding the Hazard Causing the Plaintiff’s Fall Was “Open and Obvious”

Published on: September 13, 2018 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a state appellate court issued an opinion in a Florida premise liability lawsuit discussing a landowner’s liability involving potentially hazardous conditions of the property. Specifically, the case dealt with a hazard that the court held to be “open and obvious.” The court held that because the hazard was easily observable by the plaintiff, the plaintiff was put on notice of the hazard’s existence and thus, the defendant could not be held liable for the plaintiff’s injuries.

The Facts of the Case

The plaintiff was exiting a movie theater when he left the paved sidewalk to cut through a planter box containing a large palm tree. The ground immediately around the base of the palm tree contained artificial turf and some paving bricks that had become uneven as the tree’s roots grew underneath.

As the plaintiff walked across the planter box, he tripped and fell in a divot in the ground. The plaintiff sustained serious injuries as a result of the fall and filed a premises liability lawsuit against the movie theater.