Whether or not a Florida landowner is liable to a member of the public for injuries resulting from an accident on his or her property depends in large part on the status of the visitor at the time of the accident. The status will determine the landowner’s duty of care…
In a previous blog, I wrote that Republicans in the 2010 Florida Legislature had designs on shifting the standard of proof in slip & fall cases to favor business establishments. Despite strong opposition from Democrats and the Florida Justice Association, the Republicans have accomplished their goal. On Apri 14, 2010,…
Current Florida law allows individuals injured in slip & fall accidents to prove fault against business establishments through evidence of inadequate maintenance policies and procedures. Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001) and Section 768.0710 Florida Statutes. If the 2010 Republican-dominated Florida Legislature has its way,…
People may be surprised to learn that accidents that occur on property from hazards which are open and obvious, are not absolutely barred by law from being the fault of the landowner. The primary legal significance of hazards being open and obvious is that landowners are under no duty to…