Take Care With Professionals In Your Home

However, when you invite a professional into your home to get some work done, you, as a homeowner are now taking on certain legal responsibilities. Your home is your own, and you may do it with as you please, but when a visitor arrives at your home, especially one you are contracting to get some work done, you now have an obligation. You are supposed to make sure that your home is reasonably safe for that visitor as the work gets underway.
Your Duty Of Care
Premises liability is a law that states that any owner of a property, whether it is a commercial building like a shopping mall or a... ...read full post
Do I Have A Case For My Slip And Fall?

How Do Slip And Fall Laws Work?
In the state of Florida, slip and fall law falls under the category of a personal injury case. They usually happen on property or premises that are owned or maintained by someone and the property owner is held legally responsible. It is the responsibility for you, the “plaintiff” to show that the owner, the “defendant,” did not act in a reasonable manner, that is, they were negligent. For example, it is reasonable for grocery store to mop up any spills in their aisles.
What Is Considered Negligence In A Slip And Fall?
Unless it is a rare case involving intentional conduct by the defendant, a slip and fall... ...read full post
Steps To Follow For A Successful Slip And Fall Case

• Seek medical assistance – Your number one priority should be your health, or the health of a loved one, after suffering a slip and fall. Even if one doesn’t believe they’re injured, soft tissue injuries, in particular, can be invisible immediately following a slip and fall accident. Without seeking immediate medical attention, any injuries suffered may not be considered when seeking compensation later on.
• Report your accident – As soon as possible, your slip and fall accident should be reported to the property or landowner responsible for the property your accident was on. The details... ...read full post
What Should I Do After A Slip And Fall Accident?

After a slip and fall accident has occurred, there are some things a person should do retain their right to a settlement. A few steps that must be taken after a slip and fall include:
• Seek medical attention – Even if you believe your slip and fall hasn’t caused any injuries, one can never be sure until they’ve been evaluated by a medical professional. Soft tissue injuries and some TBIs might not show symptoms straight... ...read full post
8 Important Statistics About Slip And Fall Accidents

• Over 1,000,000 people in the United States visit the emergency room each year due to a slip and fall accident – The number of people in the United States that require emergency medical attention due to a slip and fall each year is over a million, and this only includes those who seek emergency medical treatment. Often, because some injuries don’t cause symptoms until later, those who suffer a slip and fall accident may not seek emergency medical attention and instead visit their personal care physician later on. While over 1 million... ...read full post
When Does Premises Liability Not Apply?

Premises liability has a few requirements if a plaintiff wants to sue a person or business, and that means there are plenty of situations where the property owner isn’t at fault for what happened. Here are a few examples to help you understand where the law begins and ends.
Assault By A Fellow Invitee
If one guest attacks another, the premises manager usually isn’t responsible. They may be partly at fault if (for instance) the location is a bar and they’ve allowed a patron to have a few too many drinks, and if the invitee was acting aggressively they may have wanted to ask them to leave, but in general an adult guest is responsible for his or her own... ...read full post
Are You At Risk At Your Workplace?

Machine Injuries
This is an especially dangerous risk in factories that put people in proximity of large, industrial hardware. Anything that is designed to manipulate materials as quickly as possible can do untold damage to a human being when placed in the same situation. Depending on the type of hardware, machine-related accidents can result in limb loss or even death.
Repetitive Motion Injuries
While not as serious as limb loss, or death, repetitive motion injuries are incredibly common in today’s working world, across many different fields and industries. Workers in factories who constantly repeat the same assembly motions are just as prone to this as musicians playing their instruments, or... ...read full post
What If You’re Injured At An AirBnb Home?

So it should come as no surprise that accommodations in Florida are a pretty big business. Beyond the standard hotels, there are also entire apartments and homes professionally maintained as rentals or long-term stays. But now added to this mix is “AirBnB,” part of the sharing economy where average, everyday people use their own property, such as a car, or home, to make money on the side as amateur taxi drivers or hoteliers.
With cheaper prices than hotels, it’s no surprise that AirBnB rooms, apartments, and even entire condos or homes are a popular way for people to stay in Florida. It’s even less surprising when you consider just how lucrative certain properties can be... ...read full post
Determining When The Landlord Is Responsible For A Slip And Fall

Typically, slip and fall cases will occur on someone else’s property, and when this is the case, the owner of the property may actually be responsible for any injuries that may have been sustained due to the slip and fall.
Rental Properties
While slip and fall cases are pretty straightforward when it comes to most residential and commercial cases, the lines may become a bit blurred if you are renting a property and you slip on the premises. When are you able to, as a renter, hold the landlord responsible for your injuries?
To establish a slip and fall case, to begin with, one must prove that negligence was the cause of the fall. If negligence cannot be proved, then there is absolutely no case for liability. Therefore, you must be able to adequately prove that your landlord is... ...read full post
Is Asbestos Making A Comeback?

So what does this mean for people in homes and buildings in Florida?
State Law Still Matters
Even with the EPA now seemingly moving forward to bring more new asbestos products back into mainstream use, this does not change two critical factors; the medically documented danger of asbestos, or the premises liability that may be associated with it.
Florida personal injury law still firmly upholds the rights of the... ...read full post
4 Tips For Avoiding Premises Liability Suits

Fortunately, there are a few things you can do to reduce your risk of liability lawsuits. Many businesses and homeowners forget about these things, and doing so can open you up to serious damages. As such, this is also a checklist for people injured on someone else’s property: if the things on this list weren’t present when you were injured, you may have a strong case for a premises liability suit.
• Make Regular Inspections (With A Paper Trail)
Age catches up with everything, people and property alike. An old shelf could start to buckle under the weight of new inventory, an old water heater could start... ...read full post
Important Information About An Increased Risk Of Fire

• Concussions And Traumatic Brain Injuries
• Burns, Lacerations, And Contusions
• Neck, Back, And Spine Injuries n
• Broken Or Fractured Bones
• Organ Damage, Internal Bleeding, And Even Death
It only takes a moment for a person's life to change dramatically. Looking away from the road to check a text, adjust the radio, or talk to a passenger can turn into a nightmare quickly. If a driver's attention is elsewhere, they may fail to apply the brakes when traffic stops in front of them, accidentally swerve into another lane, or miss seeing a pedestrian crossing the street. Vehicle operators should always remain aware of their surroundings and avoid distractions. With any luck, these actions will keep them and others safely out of harm's way.
If you or a loved one sustains injuries from an... ...read full post
Make Sure To Protect Your Swimming Pool

It all depends on whether or not you respect your responsibilities as a pool owner with regards to premises liability.
Your Normal Obligations
Of course, when you have guests over, especially children, you know that it is important to make sure that the environment is safe. For example if you have a toddler that can’t swim, but are the only supervising adult present, then leave the child alone at the pool while you check on something that may be roasting in the oven, that’s negligence. You are responsible for maintaining a safe pool environment, and... ...read full post
How Are Amusement Rides Inspected?

That clearly did not happen at Daytona Beach Boardwalk where a mother and her co-worker were thrown from the derailed front car, and fell over 30 feet to the ground. The other passengers, meanwhile, had to be rescued with ladders from local firefighters called to the scene. The victims on the ground were immediately hospitalized. While it’s unclear what circumstances led to the derailing of the rollercoaster car, one thing is clear; it should not have happened under ordinary circumstances, and there are even safeguards in place that are specifically created to prevent this.
Mandatory Inspections
Any facility, whether it is a temporary fairground that moves around the state or country, or a permanent facility, such as the... ...read full post
How Old Are Your Amusement Park Attractions?

Amanda Bostic, 34, of Knott County, Kentucky, was in the front car, along with a co-worker, and her two children. She and her co-worker, despite being belted into the roller coaster car, were thrown from the vehicle when it went off the rails, falling over 30 feet to the ground. Her children remained stranded in the car, that was still attached to others in the roller coaster, but was now fully off the rails. The car hung suspended above the air as the ride finally ground to halt when staff and onlookers realized what was happening and the ride was shut down.
While the two injured victims on the ground were immediately seen to by paramedics and sent to the hospital for further treatment, the two... ...read full post
Failed Security Is Negligent Security

More Than Just Staff
Usually when people think about security on a property, the first thing that comes to mind is an armed security officer that is present in order to maintain order, and defuse potentially dangerous situations. In some cases, the mere presence of a security officer can be a major deterrent, causing thieves, for example, to forego robbing a residential community, due to the higher than average presence of security measures.
But it’s not just a security officer that represents a security measure. Cameras, for example, that are designed to provide surveillance are also a security measure.... ...read full post
You Cannot Defend Your Home With Traps

America in general, and Florida in particular, have very well-defined legal protections in place for people who are simply trying to maintain the sanctity of their own home, or defend themselves from people who would intrude on their homes. Florida’s “stand your ground law” is an example of this, where, if you are in your home, and find yourself experiencing a home invasion, there is, in the eyes of the law, reasonable cause for you to use a legally acquired firearm to defend yourself.
However, even the stand your ground law has limits, and while it is understood that you have... ...read full post
There’s More Than One Injury For Slipping & Falling

Soft Tissue Damage
This is the type of injury that can sometimes be very difficult to detect because it doesn’t show up on x-rays. If you get a sprained muscle, or even tear a tendon or ligament, initial medical diagnoses may miss this, especially if the true extent of damage only becomes known in the days or weeks following the injury. Because these... ...read full post
Lawsuits Happen At Home Too

Most of the time, the most well-known examples of premises liability come from public spaces. The ongoing investigation right now to determine the cause of the tragic bridge collapse at the Florida International University, for example, is likely to be a case of premises liability on a large scale once the final cause of the collapse is known. In that particular case, it’s clear that there was no outside force that impacted the bridge under construction, it simply fell apart, seemingly on its own. That means that the resulting deaths and injuries from the public in this public area are possibly the result of the negligence... ...read full post
A Gas-Related Incident Means Legal Trouble

This also means that in a great many cases, the pipeline and other infrastructure components designed to deliver natural gas, and allow it be easily used, are all considered part of a property. And if the natural gas and delivery usage systems are part of the property, then that means that property owners—whether public or private—have a legal obligation to ensure that the gas is working safely and as intended. If they do not do this, it can mean that a personal injury lawyer may be able to step in if an accident... ...read full post
Asbestos Is A Health Hazard

However, for all the positives of buying older buildings like historical value, or in some cases, simply lower prices to save on money, there are negatives to consider as well. One of these is that, depending on the age of the building, there may be one, or several aspects of the structure that are not compliant with modern building code and regulations. Asbestos is one big red flag for all states in the USA now, despite the fact that for decades, it was used to help prevent buildings from burning down.
Long Term Effects
Asbestos is a fiber-like material refined from six different minerals. Structurally, it presents many advantages;... ...read full post