Articles Tagged with premises liability

After two holiday seasons marred by the coronavirus pandemic, there is early evidence that people are visiting the malls and big-box stores in record numbers as Black Friday officially opens the holiday shopping season. cars-300x207

Our injury lawyers in Fort Myers and Cape Coral recently wrote about the risks of holiday shopping injury But a significant number of injuries occur in the parking lot, before shoppers even make it to the store. Being aware of the risks, and what you can do to keep you and your family safe, can go a long way toward avoiding injury this shopping season.

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The holidays increase injury risks in a number of ways, from motor vehicle accidents to defective products we unwittingly bring into our homes.slip and fall

But, while most consider shopping a fun departure from our daily life, too many overlook the risks, particularly at the holidays.

Our injury lawyers in Cape Coral and Fort Myers know this season could be riskier than most, both because shoppers are expected to return to stores in droves after the last two holidays shopping seasons were stunted by spiking COVID cases, and because business are still trying to recover from Hurricane Ian.

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As we work toward recovery from the historic damage caused by Hurricane Ian, it’s important for private property and business owners to understand their liability when it comes to preventing injury resulting from hazards on their property. construction injury

Businesses are fighting for survival and working hard to get employees back to work as quickly as possible. Property owners, likewise, are doing everything possible to rebuild. Nobody wants to be responsible for an injury resulting from dangerous or hazardous conditions. There are steps you can take to help protect yourself and visitors.

Florida premises liability law categorizes property guests as invitees, licensees, or trespassers.

Palm Beach County has launched a program to assist older adults with improving strength and balance in an effort to reduce their risks of fall injuries.nursing home abuse

Unintentional falls are the leading cause of deadly injuries among Florida senior citizens. In fact, for many South Florida EMS departments, falls are the most common emergency calls for help. Because Florida is home to a large number of tourists, winter residents, and relocated retirees, many of the calls for help come from concerned out-of-state relatives who cannot reach their elderly loved ones.

Data from the Area Agency on Aging illustrates the yearly toll of fall injuries in Palm Beach County: nearly 250 deaths, 5,000 hospitalizations, and over 14,000 emergency room visits.  That equates to nearly 40 emergency room visits every day from falls in Palm Beach County alone.

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Fort Myers police are investigating a weekend shooting at a local apartment building.

The incident occurred in the 2800-block of Grand Avenue in Fort Myers. A 22-year-old man is charged with aggravated battery, according to FOX 4 News. All parties have been accounted for and authorities say there is no threat to the public. gun-300x225

A  victim did suffer non-life-threatening injuries. FMPD is calling this an active investigation. Our injury lawyers in Fort Myers and Cape Coral know that firearm incidents are an unfortunately common occurrence. In addition to seeing the offender arrested and punished, victims may have the right to collect compensation through civil court.

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Are you battling clutter?

A month into the COVID-19 pandemic, with many parents working from home and kids out of school, families are struggling with living under one roof, let alone keeping a nice orderly space. The businesses that are open -particularly grocery stores and big-box chains – are likewise struggling to restock and maintain safe and orderly operations.slip and fall

While a cluttered house can leave many of us unsettled, at a time when we are already struggle to keep a positive mental outlook, the risk of serious fall injuries is an ever-present silent risk. While anyone can be seriously or even fatally injured by a common fall, our injury lawyers in Fort Myers and Cape Coral know it is our older residents who are most at risk of falling and sustaining life-altering injuries.

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chrsitmassafety-300x225Black Friday signals the beginning of the holiday shopping season. This year’s season is the shortest possible — 6 days fewer than last year and the fewest number of holiday shopping days since 2013.

Combine that with an early start to frigid northern temperatures that descended upon the midwest before Thanksgiving dinner was on the table, and the forecast in Southwest Florida calls for packed roads and burgeoning malls and shopping centers from now until Christmas Eve Day.

Our injury lawyers in Fort Myers and Cape Coral wish each of you a safe and blessed holiday season. Staying safe is a proactive activity that approaches the level of a competitive sport as shoppers and arriving winter residents and tourists compete for space.

Disturbing video footage of an SUV smashing through a convenience store in the heart of Fort Myers offers a sobering reminder of the risk of these storefront collisions.

WINK News reports the truck slammed through the storefront in south Fort Myers in an incident that was captured on the store’s security cameras. The video dramatically depicts how dangerous these crashes can be, as a storefront parking stop and curb were no match for the large SUV that barreled through the glass storefront, where a customer was standing at the checkout.

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The incident occurred at the 7-Eleven located at College Parkway and U.S. 41. The Florida Highway Patrol reports a 36-year-old Lehigh Acres woman was charged with driving with a suspended license. A store employee and a customer were transported to the hospital, though miraculously, it appears nobody was critically injured. Media reports indicate the driver has a lengthy record of driving violations.

Injuries on business property continue to be a serious issue in Southwest Florida. However, the risks of storefront crashes are often overlooked. Our Fort Myers injury lawyers wrote recently about tourist injuries in Southwest Florida. And about parking lot injuries and storefront crashes in a blog post last September after a car rammed into a seafood restaurant in Cape Coral.

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Fans of rapper Travis Scott know that when they go to one of his concerts, it’s going to be high-energy. Not only will the bass be loud and the crowd riled, fans routinely form mosh pits, crowd surf and stage dive. But now, one of those fans has suffered serious injury after attending one of these events, and the question is to what extent was this an assumed risk and to what extent could the venue and Scott himself be liable.injury lawyer

The New York Times reports 23-year-old man became paralyzed and must now forever use a wheelchair after he was allegedly pushed form a third-story balcony and dragged on stage during one of the rapper’s performances this spring in Manhattan, New York. Plaintiff accuses Scott of negligence, as well as his manager, the concert promoter and the security company hired to provide protective services that night.

Representatives for Scott said they were conducting an internal investigation of the incident. A representative for the concert promoter declined to comment on the pending injury lawsuitContinue reading ›

In Florida, property owners are generally liable for dangerous conditions that are not obvious and cause harm to those who are lawfully present. There are varying degrees of a property owner’s responsibility in this area of law – known as premises liability – depending on the status of the individual who was hurt. For example, someone who is invited onto the property for the financial benefit of the property owner is owed a higher duty of care than someone who is trespassing. child injury lawyer

In most cases, trespassers are not owed any duty of care, except that property owners can’t intentionally harm them or set traps. When it comes to children, though, the standards are different. Children are generally owed a greater duty of care than adults in the same situation, and this is true also when children are trespassing. The doctrine of attractive nuisance, for example, holds that if property owners maintain dangerous conditions likely to attract young children to the site, the property owner must be sensitive to that potential danger (which a child may not appreciate) by posting a warning or taking some other affirmative steps to protect children from that danger.

Recently in Minnesota, the state supreme court there considered property owner liability in the case where a 4-year-old boy nearly drowned in the Mississippi River and suffered severe and permanent brain damage.  Continue reading ›

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