Florida injury lawyer

$8 Million Florida Slip-and-Fall Verdict for Fast Food Patron

June 24, 2023 | by David J. Halberg, Esq.

Florida slip-and-fall lawsuits are not easy to win – especially since the state modified F.S. 768.0755, requiring plaintiffs to prove actual or constructive knowledge of the dangerous condition that led to the accident. But as a recent $8 million Florida slip-and-fall verdict proves, prevailing isn’t impossible. Florida slip-and-fall lawyer Palm Beach

According to media reports, the 48-year-old patron was in the bathroom at the rear of a Hollywood fast food restaurant in 2019 when he slipped and fell on a wet, foreign substance on the floor. The fall caused him to suffer serious injuries to his back, which required surgery. Then after undergoing surgery, he suffered a colon perforation. Not only were his medical bills sky-high, but he was forced to leave the workforce, walking away from a career that had been a major part of his personal identity.

He was awarded $7.8 million in damages, which includes compensation for medical expenses and lost earnings. The defendant in the case, a franchise owner, has filed a motion for a new trial, alleging there was no real evidence that the management team at the restaurant had been told or should have known about the slippery conditions on the bathroom floor.

What Exactly Must Be Proven in a Florida Slip-and-Fall Case?

In order to win a Florida slip-and-fall lawsuit, the person who is injured (or their surviving loved ones) must establish: Continue reading

Florida Premises Liability Claims Often Hinge on Claimant’s On-Site Role

May 10, 2023 | by David J. Halberg, Esq.

Florida personal injury claims for premises liability – that is, the duty owed by property owners to those who enter – often hinge on the role of the claimant. That is, were they invited as a member of the public or for the financial benefit of the property owner? They’re invitees, owed the highest duty of care. Were they welcomed or allowed onsite as a social guest or of their own volition for their own convenience? They’re licensees, owed a moderate duty of care. Or were they trespassers? With the exception of some situations involving children, these individuals are owed the lowest degree of care. Florida premises liability lawyer

So while property owners do have a responsibility to keep their site reasonably safe, measuring the reasonableness of their actions (or lack thereof) usually comes down to what the injured party was doing there in the first place.

Invitees would include shoppers at a grocery store, fans at a rock concert, a package delivery person, or residents attending a city council meeting. The specific duty of care owed to invitees in Florida is to maintain the property in reasonably safe condition AND to warn of any known hazards that could cause harm. This includes taking reasonable steps to discover and fix any dangerous conditions on the property. As our West Palm Beach injury lawyers can explain, property owners are expected to exercise ordinary care in maintaining the premises, which means acting in a reasonably prudent manner to prevent foreseeable injuries to invitees.

Licensees are those who enter a property with the owner’s permission, but for their own purposes. As noted in the 1953 Florida Supreme Court ruling in Stewart v. Texas Co., the owner owes no duty to licensees beyond not willfully or wantonly causing harm or setting traps or intentionally expose them to danger. Property owners do not have a duty to keep the premises safe for those who come there solely for their own convenience or pleasure, yet aren’t expressly invited or induced – even though entry is permitted. Active vigilance to keep the property safe isn’t required of property owners for licensees.

Trespassers, similarly, are not owed a duty of care beyond not being intentionally exposed to harm. (The exception is young children under the attractive nuisance doctrine, occurring when a feature of the site is attractive to youths who don’t fully understand the danger.)

It’s important to note that the specific circumstances of each case can affect the application of the duty of care. Different types of properties, such as residential, commercial, or recreational, may have varying standards of care depending on the nature of the premises and the activities taking place. Continue reading

Why a South Florida Injury Lawyer May Decline Your Case

December 8, 2020 | by David J. Halberg, Esq.

It’s a good idea to interview at least a couple different South Florida injury lawyers before deciding which to hire to handle your claim. But just as you are considering which attorney to hire, he or she is also considering your case potential. If your case is declined by one lawyer, ask why and don’t hesitate to get a second opinion. Most offer free initial consultations. South Florida injury lawyer

That said, there are several reasons why an attorney may decline to accept your case – and it may have more to do with them than the viability of your claim.

Here, our West Palm Beach injury lawyers explain a few reasons why an attorney may turn down your case. Continue reading

Another “Hot Coffee” Case? Florida Injury Lawyer Explains What Many Misunderstand

October 2, 2020 | by David J. Halberg, Esq.

A man recently filed a personal injury lawsuit against Starbucks in California after claiming scalding hot tea seriously injured and disfigured his stomach, hands and genitals. Almost without fail, our South Florida injury lawyers know there will be those who scoff. West Palm Beach product liability lawyers

“Another ‘hot coffee’ lawsuit? Whose fault is it really if you spill your own drink on yourself?”

It’s been more than a quarter century since the infamous “McDonald’s hot coffee lawsuit,” and this reaction proves that there is still a great deal of misunderstanding regarding what that case was about – and why it caused such a stir. Continue reading