Articles Posted in Premises Liability

A review of lawsuit settlements over the last 4 ½ years by the South Florida Sun-Sentinel found that injury accidents often occur from people falling on Ft. Lauderdale’s older sidewalks. Although city officials have been able to contest many of the lawsuits, taxpayers have had to pay over $680,000 for the cases that the city has had to settle.

There were 35 personal injury lawsuits involving sidewalk accidents in Ft. Lauderdale in 2007. The newspaper’s review shows that the average lawsuit settlement for these cases runs at around $45,350.

Deterioration is an ongoing problem in Florida, which is one of the oldest cities in Broward County. Records show that even the slightest imperfection in a piece of concrete can cause serious injury. Ft. Lauderdale city officials are meeting this week to determine how much needs to be spent over the next several years to repair the sidewalks. The average sidewalk repair can cost around $800.

A woman in Florida is suing the lawn care company that employed her deceased husband for his wrongful death. Tomasa Castro says that Tom Mahoney Ultimate Lawn Service acted negligently when the owner, Tom Mahoney, told her husband, Jose Carillo, to mow the lawn next to a deep lake in a residential area. Carillo did not know how to swim, and the lawsuit alleges that Mahoney was aware of this fact.

According to the wrongful death lawsuit, Mahoney neglected to train Carillo on how to safely use a riding lawn mower next to a body of water. Mahoney also allegedly failed to give Carillo the proper safety equipment, such as a life jacket, in the event of an accident.

The Collier County Sheriff’s Office says that Mahoney discovered Carillo’s hat in the water and dove into the lake, where he discovered Carillo’s body about 10 feet from shore. Carillo was pronounced dead at the accident scene.

While workers’ compensation usually prevents an employee or his or her family from suing an employer for injuries (or death) that occurred while on the job, Mahoney did not provide Carillo, who had worked for the lawn company for several years, with workers’ compensation.

Also named in the Florida wrongful death lawsuit is Scott Jensen, the owner of the property where the drowning accident occurred. The lawsuit accuses Jensen of failing to post a warning that the water depth was deceptive, the bottom of the lake was unstable, and there were currents in the water.

Carillo left behind four young children. Castro is suing for funeral costs, pain and suffering, mental trauma, lost wages, loss of future earnings, and loss of support, companionship, guidance, and protection for the children.

Drowning Accidents
Property owners that have a pool, a lake, a hot tub, or another body of water on their premises are supposed to make sure that the proper safety measures are in place to prevent accidental drowning deaths.

Common causes of drowning accidents that can be grounds for a premises liability or wrongful death lawsuit include, inadequate supervision, defective pool or faulty hot tub parts (such as a defective drain), failure to secure the body of water from children when they are unsupervised, and failure to post appropriate warning signs.

Please contact our South Florida law firm to discuss your wrongful death case.

Widow Sues Florida Lawn-Care Company Over Drowning, Lawn & Landscape, June 16, 2008
Landscape employee drowns in East Naples lake, Naples.com, June 2, 2006

Related Web Resources:

Florida Wrongful Death Statute

Division of Workers’ Compensation
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In Florida, Estero resident Patricia Nicola is suing the National Audubon Society for injuries she suffered during a slip and fall accident at Corkscrew Swamp Sanctuary in Naples.

Nicola says she slipped after stepping on mud or brown feces that was on a damp boardwalk while taking pictures of nature on December 8, 2007. She hurt her right shoulder after skidding several feet and falling.

Nicola alleges that the National Audubon Society should have cleaned the boardwalk to make sure that it was safe for walking. She also claims that the boardwalk should have been maintained with a skid-resistant surface and warning signs should have warned people of the slippery conditions.

Nicola is seeking compensation for pain and suffering, disfigurement, significant and permanent loss of a key bodily function, medical costs, related bills, loss of capacity for enjoyment of life, lost wages, and aggravation of a previously preexisting condition.

Her Florida slip and fall lawsuit alleges that the National Audubon Society either knew or should have known about the unsafe condition and owed visitors a duty of care to reasonably maintain, inspect, repair, and operate the sanctuary and warn of any potential hazards.

Slip and Fall Accidents
A common kind of premises liability accident, slip and fall injuries are often painful and costly for the injured person. A slip and fall condition results when a person slips or trips on liquid or debris on the ground, or because of another unsafe condition, and falls. Common kinds of slip and fall injuries include broken bones, dislocated hips, back injuries, spinal cord injuries, and traumatic brain injuries.

Poorly lit hallways, broken steps, uneven flooring, and wet or greasy floors, and steep staircases without handrails, are some scenarios where slip and fall accidents have been known to happen.

In South Florida, one of our slip and fall accident attorneys can meet with you during a free consultation to discuss your legal options.

Slip-and-fall suit says woman felled by bird poop on Corkscrew boardwalk, Naplesdailynews.com, June 14, 2008

Premises Liability, Justia

Related Web Resources:

Corkscrew Swamp Sanctuary,

National Audubon Society
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The South Florida Sun-Sentinel has issued the following findings regarding crimes at South Florida malls.

From 2003 through 2007:

• There were over 22,000 reported crimes at 13 shopping malls in Miami-Dade County, Palm Beach County, and Broward County.
• 508 of these crimes were violent crimes.
• A suspect is not apprehended or identified in 75% of all violent shopping mall crime cases.
• In four out of five violent crime incidents at South Florida shopping malls, there were no security cameras or the equipment was broken or did not capture any helpful footage.
• Most shopping mall crimes occur during the day.
• Women are more likely to be targeted for robberies than men.
• The most common places for shopping mall crimes to happen are in mall garages and parking lots.
• Security is usually better in the mall than in the parking areas.
• The most common crimes are car thefts and shoplifting, including purse snatching.
• Mall robbers frequently work in teams.

Former Town Center mall security head Michele Poling says that many shopping mall companies do not properly staff their parking lots. Many mall security members don’t carry weapons and are trained to call police in the event that a crime occurs.

Premises Liability
Shopping mall owners and managers are supposed to ensure that all the proper safety and security measures are in place to prevent store patrons and employees from becoming victims of property crimes or violent crimes. When failure to implement these measures results in rape, murder, robbery, kidnapping, assault, gunshot injuries, and other serious crimes, the shopping mall owner, the security company, and others can be held liable through inadequate security lawsuits if their negligence allowed the crimes to happen.

Throughout South Florida, our Port St. Lucie, West Palm Beach, and Miami premises liability lawyers can help you explore your legal options. We represent clients that were seriously injured because a property owner allowed an unsafe condition to exist on a premise.

Crime can strike fast at South Florida malls, TCPalm.com, May 20, 2008
NBC 6 Analysis Finds Which S. Fla. Malls Are Safer Than Others, NBC6.com, April 30, 2008

Related Web Resources:

Inadequate Security News, Justia.com
Mall security must become priority in South Florida, Sun-Sentinel.com, May 22, 2008 Continue reading

John Mario, a Port St. Lucie, Florida man who suffered a traumatic brain injury after being shot in the head during a robbery in the parking lot of a McDonald’s restaurant in Jensen Beach, is suing the fast food company for personal injury. He filed his lawsuit last week in Marion County Circuit Court.

Mario alleges that McDonald’s failed to provide adequate security to restaurant patrons. He was eating in his truck in the parking lot on January 6, 2006 when Quentin Alexander Bradley, 19, tried to rob him. The Fort Pierce resident was armed.

Police reports indicate that the two men struggled and the gun went off. Mario sustained a serious traumatic brain injury. He can no longer work and his motor and speech skills are impaired.

Mario and his wife are demanding damages because they allege that McDonalds knew that their restaurant was located in a high crime area and should have done more to ensure that patrons were protected while on the premise.

Bradley was convicted to life in prison after pleading no contest to attempted murder, and burglary, and robbery charges.

Premises Liability Accidents
Property owners and managers in Florida are legally obligated to make sure that patrons, visitors, residents, and workers are safe from harm. Failure to exercise this duty of care and eliminate any potentially hazardous conditions can lead to serious injuries and wrongful death.

Common kinds of premises liability accidents include, slip and fall accidents (a hazardous condition on the property causes a victim to slip/trip and fall and get seriously hurt), inadequate security (failure to implement the proper safety measures to prevent crimes from occurring to victims), and falling merchandise (failure to secure objects, furniture, inventory, and other items so that people aren’t injured by falling objects).

If you or someone you love was seriously injured in an accident in Port St. Lucie or any other city in South Florida that was caused by another party’s negligence or carelessness, contact one of our South Florida personal injury attorneys in Miami, West Palm Beach, and Pt. St. Lucie, Florida.

Shooting victim sues Jensen Beach McDonald’s; seeks trial, TCPalm.com, May 14, 2008

Related Web Resources:

Jensen Beach man who aided prosecutors gets harsher sentence than robbery accomplice

Traumatic Brain Injuries, National Institute of Neurological Disorders and Stroke Continue reading