premises liability

Palm Beach Dangerous Property Claims: Overcoming the “Obvious Danger” Defense

November 5, 2021 | by David J. Halberg, Esq.

In Florida, property owners have a legal responsibility to keep their properties reasonably safe, and to warn visitors of any dangerous conditions. This duty, which falls under the umbrella of premises liability law, is applicable to hazards about which the owner knows (or reasonably should know), but which a visitor couldn’t have discovered using reasonable care. Palm Beach injury lawyer

Defendant property owners can sometimes win these types of cases by raising the “open and obvious” defense. This defense asserts that the danger was so open and obvious there was no need to warn guests of it.

As our Palm Beach injury lawyers can explain, though, this is not a complete defense. That is, a property owner isn’t going to win their case solely based on the fact that the danger was open and obvious. Rather, it’s considered a factor in deciding who is at fault. In Florida, plaintiffs may share a percentage of the fault (referred to as comparative fault) and still collect a percentage of the damages.

Recently in the case of Pratus v. Marzucco’s Construction & Coatings, Inc., an employee of an electrical subcontractor was hurt when stepping into an uncovered drain at a South Florida construction site. He conceded he’d seen the drain uncovered numerous times at work, but argued the general contractor was still liable for the dangerous condition on site. A trial court granted summary judgment to the defendant general contractor, on the grounds that the dangerous condition was open and obvious. But in its reversal, the Florida 2nd District Court of Appeal underscored two significant points:

It is the danger, not the condition, that is obvious to the visitor. You might be aware that a dangerous condition exists on site, but you might mistakenly (and reasonably) think the landowner put some safeguards in place to protect against the danger. In the case recently before the 2nd DCA, the drain in question was covered and uncovered at various times. Sometimes the door that led to it was marked with caution tape. On the day of the incident, there was no tape over the door, despite the fact that the drain was uncovered that day.
Owners have a legal responsibility to anticipate the actions of those who enter the property. That’s not to say they need a crystal ball, but they need to consider the potential actions of reasonable and prudent persons on site. Construction sites can have SO many dangers. Those working at the site might need to get to a certain location, but the path they took, with its inherent dangers, may be the only option. In that case, even if they knew about the risk and it was open and obvious, they might be partially excused for failing to avoid it.

The bottom line is that where a property owner expects or should have known that a danger – however open or obvious – might pose a realistic threat to invitees, the jury can still hold the property owner responsible, even if the visitor/plaintiff shares some of the blame too. This is especially true if there is evidence of negligence per se, which would involve violation of a health or safety statute. Continue reading

$5 Million South Florida Negligent Security Affirmed by 4th DCA

January 15, 2021 | by David J. Halberg, Esq.

In Florida, business owners, property managers, landlords and security contractors have a legal duty to take necessary steps to secure their premises and prevent foreseeable harm to patrons, residents and lawful guests. If a property owner fails in this duty, he or she can be held legally responsible for the damages. West Palm Beach negligent security

A poorly-secured premises can leave people vulnerable to robbery, sexual assault or another violent attack leading to serious and physical and emotional injuries. Sometimes, it can lead to death.

Negligent security is a special type of premises liability claim wherein someone alleges their injury by a third-party criminal on another person’s property was at least partially the result of the property owner’s failure to make the site safe when they had a responsibility to do so.

There are several defenses in negligent security cases for which your legal team should be prepared, as was illustrated in an appellate case recently before Florida’s 4th District Court of Appeal. In Pride of St. Lucie Lodge 1189 Inc. v. Reed et al, the issue was whether the court erred in awarding $5 million to the plaintiff (daughter of decedent), given that decedent had been involved in a felonious brawl at defendant night club just prior to her death. Continue reading

Florida Negligent Security Lawsuit: Apartment Owners Ignored Danger to Tenants, Guests

June 15, 2020 | by David J. Halberg, Esq.

A woman has filed a Florida negligent security lawsuit against owners of an apartment complex whom she says failed to protect her from a shooting that occurred after more than 1,100 calls for police assistance to the site.

The Ocala Star Banner reports plaintiff was one of two innocent bystanders injured in a shootout that left one man dead and another arrested on charges of second-degree murder. Florida negligent security lawsuit

Although it’s fairly early in the civil case, our South Florida premises liability attorneys know the history of crime at this complex will likely be central to the plaintiff’s success.

Local police department records reportedly indicate more than 1,100 calls for police assistance to the in the years prior for a range of crimes, including aggravated assault and battery, auto burglaries, auto thefts, robberies, drugs, child abuse and sexual offenses. Of those, more than 900 came from police presence from foot patrols the company requested and security details the company paid for. It’s not clear whether the apartment owner took any other additional security measures. Whether those security measures were adequate in light of the prior crimes will be a question for the jury. Continue reading

Golf Club Can Be Liable for Wasp Injury to Patron

August 20, 2018 | by David J. Halberg, Esq.

A golf club may be liable for a near-fatal wasp attack suffered by a patron in California, where an appellate court reversed a summary judgment in the golf club’s favor. golf course injury lawyer

Although this is an out-of-state case, it’s an important read given that Florida has more golf courses than any other state (with Palm Beach County having more than any other county in the country). As a business, golf courses that invite patrons onto their property for the financial gain of the course owe the highest duty of care to those patrons, meaning they have a responsibility to regularly check for potential hazards and to either mitigate or warn of those about which they know or should know.

Here, the California First Appellate District, Division One, held that operators of golf courses must maintain their property in reasonably safe condition, which includes the duty to exercise reasonable care to shield guests from yellow jacket nests on their site. The measures a golf course operator is required to take may vary, so the court didn’t reach the issue of whether defendant golf course in this case breached that duty or caused patron’s injuries (those would be questions of fact for a jury, rather than a judge, to decide). Nonetheless, the case should move forward, as the course was not entitled to summary judgment before the trial even started. Continue reading

Estate Sues Bars, Restaurant for Failure to Prevent Fatal, Drunken Brawl

February 13, 2018 | by David J. Halberg, Esq.

The question of what degree of care property owners owe patrons in Florida depends on numerous factors, including the visitors’ purpose on site, how the dangerous condition arose and whether the risk was foreseeable to the owner/ occupier. injury attorney

Although we generally think of Florida premises liability cases to involve things like slippery floors, broken stairs, elevator/ escalator accidents or even dog bites.

But another common dangerous condition on property involves failure to protect against third-party assault or violent criminal conduct. Businesses in some cases do have a responsibility to protect customers or visitors from these types of incidents, typically by providing adequate security. However, a good Tampa personal injury lawyer knows claimants in these instances must usually establish a historical pattern of the same or similar crimes at that particular location, nearby or at the same type of businesses. Continue reading