Florida Injury Lawyer Blog

Miami has thousands of businesses as well as millions of homes, and the owners of each of those properties have the potential for becoming involved in a Miami premises liability lawsuit. Premises liability laws are designed to keep the community at large safer by ensuring that property owners have a legal obligation to keep their properties safe for tenants, guests, visitors, and employees. In many cases, Miami premises liability issues arise because of a few common causes:

1) Construction site and work site accidents. If you have someone working in your business or in your home, you need to ensure that they are adequately covered by insurance. You also need to provide a safe environment for that worker. This may mean adequate lighting, a safe place to work, and adequate signs about any hazards that cannot be removed.

2) Miami accidental drowning and pool-related injuries. Many homes in Miami have pools to take advantage of the beautiful weather, and even some businesses have pools. Many businesses in the tourism industry have pools for guests or even shallow reflecting pools for decoration. These can pose a drowning a hazard and it is up to the property owner to ensure adequate supervision as well as adequate security precautions to prevent such accidents. Businesses and homeowners may need to install self-locking gates, motion sensors, alarms, and other security features to keep visitors and guests safe.

3) Inadequate security. Like all large cities, Miami sees its share of violent crimes, including assault, rape, and other crimes. In many cases, the owner of the property where the crime occurred can be held partly liable – even if the perpetrator is never caught – if the crime was foreseeable and if adequate measures were not taken to prevent the crime. Adequate lighting, security systems, and informational flyers about crimes in the area can make businesses safer for visitors and can make business owners safer from premises liability claims.

4) Amusement park injuries and accidents. Miami is famous the world over for Disneyworld, and the area has dozens of amusement parks in addition to the famous Disney park. Miami amusement park accidents and injuries are rare, but when they do occur, they can be fatal or can lead to permanent injuries. Amusement park owners have an obligation to keep their properties safe for visitors and employees. When they fail to do so, legal action is the likely result if anyone is injured.

5) Slip and fall accidents. Miami slip and fall accidents are the most common type of premises liability case in the city. Quite simply, property owners have a duty to keep their property free of tripping hazards, ice and snow, spilled water, and any other dangers that could cause someone to slip and fall. Running regular checks of the property and having a system in place for quickly eliminating dangers can help property owners keep visitors and customers safer.

Continue reading "Miami Premises Liability Concerns for Business and Home Owners" »

Halloween is a unique holiday in that it usually involves multiple visitors to your home. Whether you're hosting a Halloween party or event, or are simply having trick-or-treaters arriving at your door, Halloween means plenty more visitors to your Miami home, and that can put you at increased risk for a Miami premises liability lawsuit. If any trick-or-treaters or visitors to your home fall or injure themselves, you could be held liable. Businesses, especially, need to take steps to ensure that they are not subject to Miami premises liability claims. There are many ways that you can keep your business premises or home safer this Halloween season:

1) Don't sacrifice safety for creepiness. At this time of year, many stores are filled with fun and novel decorations for your home and business. While many of these decorations are fun and safe, some are not. Any decoration that affects the lighting of your property or could possibly create a trip and fall hazard needs to be avoided. Before buying any decorations, consider carefully whether they are safe.

2) Avoid fire hazards and Miami burn injury hazards. Open bonfires, creepy candles on your mantelpiece, and candles inside of jack-o'-lanterns all pose a fire hazard and a burn hazard, especially for young children. Rather than using candles, use electric candles that do not have an open flame. Avoid bonfires entirely. In addition, carefully consider before using dry ice at your party. Many people use dry ice in order to create a creepy fog effect for their Halloween punch or home decoration. Unfortunately, if any of your guests touch the dry ice directly, they are subject to severe burn injury. Use a small fog machine instead, to create mist and fog if you need it.

3) Make sure that there are no trip and fall hazards on your property. Unfortunately, many Halloween decorations can also lead to Miami trip and fall and slip and fall accidents. Overgrown grasses, fake tombstones in the yard, and even a row of pumpkins along your walkway can pose a trip and fall hazard for trick-or-treaters and other visitors. Make sure that your property remains well lit during Halloween, and remove any obstacles that could allow someone to trip. Make sure that you mow your grass shortly before Halloween, to ensure that it also does not hide any trip and fall hazard.

4) Avoid any motion-activated creepy displays. These can startle someone excessively and cause an accident. If you do really want to have a haunted-house like effect at your home, you must post plenty of signs about the potential risks (including the risk of sudden noise and movement). Consider keeping the creepier effects indoors, where you and your family can enjoy them without posing a risk to visitors and trick or treaters.

Continue reading "Preventing Miami Premises Liability Issues This Halloween" »

If you have a summer home in Florida and will be going away once the summer is over, this is the time to ensure that your summer home is safe while you are away. Even when you are away from your summer home, keep in mind that people may be on the premises. If anyone is injured on the premises while you are away from your summer home, you could find yourself in a Florida premises liability lawsuit. To avoid this, make sure that you close up your property correctly:

1) Take precautions against break-ins. Break-ins can ruin your summer home and can create problems with violence or criminal activity taking place on your property. To avoid people using your home as a place for covert activities, install a security system and lock up your home correctly. Make sure that all windows and doors are correctly locked and are in good condition to withstand break-in attempts. Trim back trees and hedges to ensure that criminals do not have a cover for their activities. Consider a gate or fence to prevent people from entering your property without your permission.

2) Secure your pool area. One of the most common property disputes concerns unsecured pools. You do not want someone to enter your pool area while you are away and suffer a Florida pool injury – or worse. If your summer home has a pool, use an alarm system, self-locking gate, and pool cover to keep the area secure.

3) Set up a maintenance or monitoring service. One of the best precautions you can take is to ensure that someone is keeping an eye on your summer home. You can hire a service to check on your property and maintain it correctly while you are away. You can also install security cameras so that you can monitor your summer home while you are away. Some homeowners choose to rent out their summer homes during the fall, spring, and winter. If you decide to do this, however, you will need to screen potential tenants carefully and check local by-laws concerning renting before you go ahead.

4) Consider extra insurance. Additional insurance can help protect you legally if someone is injured on your property and seeks a claim against you.

5) Take precautions against fire. Fire can destroy your property and surrounding properties as well. Before you close up your summer home, check your smoke and fire detection alarms. If at all possible, install alarm systems that will warn you of potential problems at your current address. Some security systems, for example, will give you a phone call if they detect smoke in your summer home.

You want your summer home to hold only wonderful memories for you and your family. Taking precautions against injury ensures that tragedy is less likely to happen in your summer home.

Continue reading "Reducing Florida Premises Liability Risks and Injury Risks by Closing Up Your Summer Home Correctly" »

Summer poses a special challenge for Florida homeowners. During summer, there are all sorts of new hazards to consider as well as more guests coming through your home. To avoid a Florida premises liability lawsuit or other legal action, make sure that you consider:

1) Pool safety. Summer is a time for lounging by the pool, so take the time to ensure that your pool area is safe. Install a good cover and a quality fence with a self-closing gate and lock. Install a good alarm system so that you will be alerted if anyone tries to enter your pool area without your knowledge. When actually using your pool, make sure to use good supervision.

2) Slip and fall and trip and fall hazards. Florida slip and fall accidents and trip and fall accidents are very common during the summer. If you have a lawn or garden, keep it trimmed to prevent tripping. In your pool area, install no-slip treads to prevent the pool water from creating slippery surfaces.

3) Child safety. With children home for the summer, your home will likely include your children's friends. Make sure that you create a safe environment for everyone and use good supervision to ensure that no one is injured while having fun in your home.

4) Entertaining safety. Summer is the time for parties, but keep in mind that if guests get injured, you could be held liable. If you decide to serve alcohol, for example, make sure that everyone has an alternative way home to prevent Florida drunk driving accidents. Before your party, walk around your property to see whether there are any hazards that could harm your guests.

5) Vacation safety. If you are going away for a while this summer, you need to make sure that your property is secure. If anyone is injured on your property while you are away, you could be held liable. Make sure that the property is secure and that someone stops by from time to time to check up on it. If you have a pool, make sure that it is very well secured to prevent curious children from wandering into the area.

Continue reading "Summer is Almost Here – Is Your Home Ready?" »

Premises liability lawsuits occur when someone is injured on a property and sues the property owner for damages. These types of lawsuits can be very stressful for property owners and can increase homeowner insurance rates or business insurance rates. It is in everyone's best interests to reduce the incidences of these lawsuits -- and the tragic incidents which cause them. Here's what property owners can do:

1) Think personal safety – not just property safety. Most property owners and business owners know that clearing puddles that can cause slip and fall accidents is important, but not all premises liability issues in Florida are caused by property hazards. A property owner can be sued if a crime occurs on the premises and it is determined that the owner failed to take due care to prevent such crimes. Therefore, rather than considering what hazards exist on your premises, it can be useful to consider how someone's safety might be compromised on the property. If employees have underground parking, is that parking well-lit, with adequate security? Who visits your property and what can you do to make these visitors safer?

2) Stay alert. It is important to read up about local crimes that may eventually make it to your premises. If there is a rash of crimes in your area, alert people who visit your property or put up warning signs. Walk around your property regularly so that you can notice – and act on – and problems.

3) Do not put off hazard management. Businesses, especially, can benefit from a written management plan. Have a written plan for preventing Florida slip and fall accidents on your property, for example, or have a comprehensive plan that includes a written plan for inspecting the property, receiving complaints about potential hazards, and acting on possible issues.

4) Work with the right tools. A security company to monitor the property or low-cost cameras do not have to be a huge investment, but can help you keep everyone on your premises safer. Today's tools are more affordable than ever and allow you to view your premises from any computer through cameras.

5) Ask for input. You may not notice possible issues that are obvious to others. If you have employees, ask them for their input – and act on it. Have a suggestion box. Hire a security company to do an audit on your business to determine any premises liability issues which could spell danger for your customers and for you.

Continue reading "How to Avoid Florida Premises Liability Lawsuits" »

Florida pet owners need to be aware of Florida premises liability laws because when Florida slip and fall accidents, dog bites, and other injuries occur to visitors or guests, a legal action can be the result. Under Florida law, business owners and homeowners have a responsibility to provide a safe environment for visitors. Business owners, for example, must take care to provide a reasonably safe environment for customers, employees, and clients. Homeowners must ensure that visitors, mail personnel, and other guests at their home also are kept safe.

While property owners cannot, of course, foresee and forestall every possible danger, there is a legal expectation that they will take steps to provide a reasonably safe environment. Homeowners who have a dog, for example, are expected to keep the dog inside or on a leash to ensure that it cannot bite visitors. Businesses are expected to ensure that parking areas and store areas are well-lit to help prevent Florida slip and fall accidents.

If homeowners and businesses know about a potential hazard that causes an injury or should have known about a hazard, they can be help liable. With dogs and pets, this poses a special problem. Dogs often want to roam and busy homeowners sometimes place a dog in a fenced area of the yard to provide some exercise for the pet. Unfortunately, if the dog bites someone, the homeowner may be held liable.

In some cases, dogs are on private property but curious strangers walk onto the property without knowing that there is a dog in the area. In some cases, curious children or strangers reach into a property to pet a dog, only to get bitten. Dogs also pose another hazard: they may carry and fling their toys and bowls about, causing a tripping hazard.

There are several things that pet owners can do to help prevent legal action from dog bites and premises liability claims. The first and most important step is to get the dog socialized through frequent attention and obedience classes. Dogs that are well-trained are less likely to bite. As well, regular vet check-ups are a must. Not only does this ensure that the pet's vaccinations are in order, but regular vet care can help catch any illnesses which can cause a dog to act aggressively.

Homeowners who own pets will want to take additional steps to protect themselves, others, and their pets. Keeping a dog inside unless the dog is being walked on a leash is a savvy precaution. If you must keep your dog outdoors some of the time, consider a large kennel or a fenced in area away from your main door, where strangers will not be able to easily approach the animal. Signs warning strangers of the presence of a dog is another smart investment.

Continue reading "Florida Dog Bites Can Mean Legal Problems For Homeowners" »

‘Tis the season – not only for good cheer, but also for injuries. Many Florida slip and fall accidents and personal injuries occur at this time of year. There are most of us heading out and visiting and a few more dangers as well – increased traffic, more wet leaves on the ground, and other risks. A slip and fall accident on your property is not only devastating, but it can lead to a Florida premises liability claim against you – probably not the way you envision spending the holidays. Luckily, there are many things homeowners can do to ensure that their homes are safe for guests:

1) Take care of lighting. Proper lighting can help prevent many crimes and also many Florida slip and fall accidents. Ensure that your property is well-lit and add more spot lighting if necessary. You can buy temporary lights that don’t require wiring at your hardware store. If your outdoor lights are on a timer, make sure to adjust them for the shorter days. As well, consider adding reflective materials to steps and other dangers to make them even more visible.

2) Rake wet leaves. Wet leaves lead to many Florida slip and fall injuries, so always rake them promptly. Wet leaves are especially dangerous on asphalt and hard surface walkways.

3) Don’t let grass grow long. Long grass can conceal obstacles and can cause visitors to trip. If your schedule is so hectic that you are having trouble keeping up, consider hiring someone to mow for you. Make sure that clippings are removed from the grass, as these can be slippery as well.

4) Remove obstacles from walking areas. Any obstacles – toys, loose stones, overhanging branches, can be a danger. Take a walk around your property regularly and remove such obstacles promptly.

5) Improve treads. Consider adding stick-on treads to stairs and to any walkways that seem slippery in the winter.

6) Take care of leaks and pools. Dirty gutters often cause big pools of water, and water causes many slip and falls accidents. Cleaning your gutters is a priority. Beyond that, look for any pools of water and clean them up promptly.

7) Take a look at your pool. Florida pool accidents and near-drownings are every homeowner’s nightmare, so if you have a pool, make double sure that it is closed up correctly for the winter and properly secured against intruders.

Continue reading "Is Your Home Ready for the Holidays? Can You Prevent Premises Liability Lawsuits?" »

Florida has a large market for rental summer properties. Each year, tourists arrive here and rent Miami condos as well as cottages and vacation homes outside of the city. In most cases, a great vacation is the result. In rare cases, however, renters and visitors sustain a serious personal injury while staying in their vacation home and this usually generates a number of legal questions.

If you have been injured at your Florida rental property, you should seek medical help at once and then contact a qualified Florida personal injury attorney. While some accidents are simply the result of bad luck, some are caused by poor maintenance of a vacation property. A good attorney can investigate all the causes of an injury and can help you determine whether negligence has played a role.

The property owner of your Florida vacation rental is responsible for maintaining the property and keeping it safe. He or she is expected to take reasonable steps to ensure that the property is safe for visitors. If there is a step that is in poor condition or if lighting is inadequate, for example, this can lead to slip and fall accidents. In this situation, the owner may be held liable if any injury does take place. In addition, the owner of a rental property in Florida may be held liable in a few different situations:

1) If there is not adequate security at the rental property. In some cases, Florida vacation property rentals may result in inadequate security cases. For example, if someone rents out a condo in a Miami neighborhood with a higher crime rate but fails to maintain the doors and windows on the property, so that criminals can easily enter, the owner may be held partly liable if a guest is injured during a break-in while staying at the property.

2) If someone visiting you is injured. If you are staying in a Florida vacation rental, you may invite friends and family over to visit you at your vacation home. If one of your guests is injured because the property owner failed to take steps to keep the property safe, he or she may also be held partly liable.

3) If there is lack of correct safety measures. Property owners are expected to ensure that basic safety measures are in place – such as working fire alarms, for example. Many injuries and accidents occur simply because these measures are not in place. Many Florida pool injuries and drowning accidents, for example, take place because of a lack of safety gates and similar safety precautions. If you suffer an injury because basic safety precautions are not in place, the owner of the property may be held liable.

4) If there are no warnings of hazards. If there are hazards in your Florida rental property which cannot be reasonably fixed, the owner should warn you about these hazards either in writing or verbally.

5) If repairs are not completed in a timely manner. If you notice a safety hazard in your vacation property and report it to the property owner, he or she should investigate and fix the problem in a timely fashion. If this does not take place and you are injured by the problem, you could have grounds for legal action.

If you are injured while staying at a Florida vacation property, determining liability can be complex. For this reason, you will want to contact a good Florida personal injury attorney after your accident.

If you have a Florida vacation home or cottage, you may see it as a haven – a place to let your hair down and get away from it all. Unfortunately, while Florida may be a major vacation destination, Florida injuries and accidents never take a vacation. Your cottage poses some dangers of injury not only to yourself, but also to your visitors. Few property owners want to contemplate the possibility, but if someone is injured at your vacation property or cottage, you could face legal action. Here are some questions to ask yourself when assessing potential premises liability issues with your summer home:

1) How likely are you to have visitors? The more likely you are to have visitors to your property, the more vigilant you will have to be to keep your property safe. Keep in mind, too, that if your property is close to a hiking trail or popular recreational area, people may err onto your property. Post signs clearly indicating where your property begins.

2) What is the condition of the property? Rugged roads in Florida's beautiful climate and a rustic cottage are charming, but they also increase the chances of Florida slip and fall accidents and other problems. Keep your property as rustic as you like, but take care to fix any obvious dangers you notice.

3) Do you have adequate lighting? Good lighting can go a long way towards preventing injuries, falls, and other accidents. Look for night lighting solutions both indoors and out, but especially along paths and walkways. A programmable timer is also a good idea, as it will give you more control over your lighting.

4) Do you have a pool? Pools in Florida vacation homes increase the likelihood of problems, since most property owners are away from the vacation home for an extended period of time every year. At any point during this absence, someone could wander into your pool area and harm themselves. Pools in empty homes do carry a higher risk of pool-related injuries and accidents. If you do opt for a pool at your vacation home, build a very sturdy fence around it and use a gate with a security alarm system so that you will be informed if anyone enters your pool area. You might also want to hire someone to check in on your property and pool periodically.

5) What is your heating system? Using generators or other higher-risk systems can pose a carbon monoxide risk as well as a fire hazard. Make sure that you follow proper procedures for your heating system and fuel storage.

6) Do you have safety rules and a maintenance schedule? You are less likely to face legal problems if you can show that you have used reasonable care in keeping your vacation home or cottage safe. Keep a written maintenance schedule and follow it. Keep notes on the condition of your property and any repair or maintenance work you have done. Have posted safety rules warning visitors about any hazards that you cannot fix (such as a deep lake nearby). Not only will these extra precautions reduce the possibility of an injury on your property, but they will help you in the event that an accident does take place on your property.

At this time of year, many children go away to summer day camp or sleep-away camp. While there, many children each year are injured or harmed. Injuries at camp range from near-drowning and swimming pool accidents, to broken bones, to serious spinal cord injuries or even brain injuries caused by falls or dives into swimming pools or swim areas. Since camps are designed to be remotely located, they tend to have a number of dangers. Children are often very active in camps, taking part in sports and activities which carry a risk of injuries. As well, since camps are remotely located, getting emergency help can be a challenge if a serious injury does take place.

Luckily, the incidence rate for camp-related injuries is not very high. According to one 2005 study, of 177 camper injuries and illnesses monitored over 122379 days at camp, there was a median incident rate of 1.15 injuries or illnesses per 1000 days at camp. About 68% of the incidents were illnesses. Of the remaining injury incidents, minor scrapes, cuts and scratches were most common, accounting for 33.3% of injuries. Broken bones accounted for 14.6% of injuries. Sprains and strains accounted for another 10.4% of injuries. The injuries which were most likely to cause injuries included capture the flag and horseback riding. Another 2009 study from the American Camp Association found that only about 3% of camp injuries required hospitalization.

While instances of camp-related injuries are low, they can still be devastating when they happen, and they can also be unsettling, because camps have a responsibility to keep campers safe. In fact, camps, like schools, have an obligation to keep campers safe under a doctrine known as in loco parentis, which means that the camp is essentially standing in place of the parent and is therefore expected to take the same reasonable care a parent would take to protect the children. When a camp is negligent in providing supervision, safe premises, or safe conditions or safety equipment, parents may have a personal injury suit if their child is injured as a result of the negligence.

However, camps are only expected to make reasonable provisions for safety. Camps are not responsible for the children’s absolute safety and when parents send their children away to camp, they are accepting a small risk. That is, they are accepting the risk that their children may be injured in regular sports activities. As long as a camp provides safe conditions and takes reasonable precautions to ensure safety, judges will generally accept that a camp is not responsible. As well, most parents sign consent forms when sending their children to camp and in many cases these consent forms do state that parents will not sue over every bump and scrape.

That said, however, a personal injury lawsuit due to a camp-related injury can still take place, especially if it can be proven that a camp was negligent. Camps are expected to ensure that activities are supervised to a reasonable degree. They are also responsible for ensuring that camp grounds are maintained reasonably well. If a child falls on a broken step that has not been maintained, the parents of the child may seek legal help, much as they would in a similar situation in any public place. In addition to the concept of in loco parentis, camps are also governed by the idea of premises liability. They are expected to make the grounds and property reasonably safe for visitors.

There are many things parents can do to keep their children safer at camp. The first thing parents can do is to choose summer camps with care. Tour the facilities and ask about safety precautions and safety measures. Make sure that all activities have good–quality safety equipment available. Make sure that there is an infirmary and access to emergency medical care. As well, ask about counselor training as well as camper:counselor ratios. Look for a camp with more counselors (and therefore more supervision) as well as more experienced or well-trained counselors. Often, counselors are the first line of defense when it comes to preventing injuries. Secondly, parents should talk to other parents about camp options. Which camps seem to have a high rate of injuries? Which ones have a good reputation for safety?

Premises liability cases usually occur when a property owner has failed to take proper precautions for preventing foreseeable accidents and injuries which occur on the property. If a property owner does not secure against an accident, an injured party can seek damages and penalties against the property owner for their accident. Premises liability cases differ widely, but the most common include:

1) Serious slip and fall accidents. Often, these lawsuits occur when someone has been given permission or been invited onto a property and slips and falls, either sustaining a serious head injury or another type of serious injury. In these cases, the injured party must prove that the property owner has done or neglected to do something that has caused the accident. The owner is responsible for warning the person on the property – in this case, the victim – of any possible dangers and is expected to take reasonable precautions to prevent accidents and injuries on the property. These cases can be challenging to pursue because the person who has slipped is expected to take reasonable precautions. The fact that the slip and fall accident has occurred alone is not evidence of wrongdoing. The plaintiff must show that some negligence or action led to the injury.

2) Swimming pool accidents and near drownings. Owners of swimming pools need to take steps to make their pools relatively safe. The owner must ensure that there are reasonable provisions for safety, resuscitation, and life-saving devices. In a public pool, public pool owners are expected to have lifeguards or specific safety equipment available or must have warnings clearly posted about any possible dangers. Private pools are expected to be secured against uninvited children to a reasonable degree.

3) Assaults. The owner of a business must take reasonable precautions to ensure the safety of employees, clients, customers, and visitors. If there is a history of crime in the area, for example, the business owner must warn people visiting the business or must take steps to protect people who use the business regularly. For example, owners of automatic teller machines where robberies have occurred need to ensure that there is adequate lighting and security cameras in place to protect people who are withdrawing money.

4) Sexual assaults. As with assaults, business owners are responsible for taking reasonable precautions to provide for the safety of people who visit their business. How much care is considered reasonable relates to the type of assaults, how easily the assault could have been foreseen, and the history of sexual assaults in the area. Poorly lit parking garages, for example, may be more likely to provoke a premises liability case than a parking lot in a relatively safe area with good lighting.

A property owner is expected to take reasonable precautions to prevent injuries to guests, residents, and visitors of the property. In cases where the active conduct or the negligence of a property owner causes a personal injury, a lawsuit may result. Most attorneys evaluate such a lawsuit by considering the status of the victim. The victim injured on the property may be defined as an invitee, a licensee, or a trespasser.

A trespasser is someone who does not have the right or permission to be on the property. The property owner has a right not to willfully cause personal injury to the trespasser. If a property owner finds a trespasser on their property, they have an obligation to warn the trespasser of any possible dangers on the property which are not obvious.

In some cases, when a child trespasses onto a property, however, a lawsuit may still result. Usually, this occurs when it can be proven that there is an area on the property where the property owner knows that children may trespass. As well, these cases can often be brought about because it can be proven that the owner did not take some small actions to repair a known danger which is very dangerous to children. Generally, attorneys will argue that children are too young to appreciate a risk in a property. Often, this type of legal action occurs with children trespassing onto property and having a pool-related accident or near-drowning.

A licensee is someone who has the right to enter a property or who has been invited to enter a property. This may include a postal delivery person, for example. The property owner has the same obligations to the licensee as they have to the trespasser who has been discovered on the property; the owner must warn the licensee of any dangers which are not obvious and must not wantonly or willfully cause personal injury to the licensee.

A invitee is someone who has been invited onto the property by the occupier or property owner. In the invitation is the unspoken promise that the property may be safely used for a specific purpose. Therefore, the obligations to the invitee are greater. The property owner must ensure that the property is reasonably safe and that unsafe conditions are repaired or addressed. If there are any dangers which have not been repaired and which may not be obvious, the property owner must tell the invitee about them.

During this time of year, many of us visit friends and family for at least a day, if not a few days. While many of us consider premises liability issues -- such as anything that might cause slip and fall accidents or injuries on our properties -- when we are hosts, we sometimes forget that when we go away we also have a responsibility to ensure that our homes are safe and secure. Here are some ways to avoid premises liability issues when you are away:

1) Make sure that areas leading up to and away from your home are kept clean and clear in your absence. Delivery personnel, your mail carrier, and other business related persons might still need access to your property when you are away. If one of these people is injured while you are away, you could still be held liable if you do not take proper steps to ensure that your property is safe while you're away. If you need to, consider hiring someone to check in on the property.

2) Secure your pool. If you have a pool, check and double-check to ensure that it is correctly secured. Keep in mind that if a curious child wanders onto your property and this results in a pool accident or near drowning incident, you could be held liable if you did not take proper precautions to secure the area. Ensure that your pool is surrounded by a fence and a locked gate.

3) Secure your property. Keeping your property safe from intruders not only provides you with peace of mind while you're away, but it can help prevent serious legal ramifications in case a child or teenager wanders onto your property and becomes injured while you are away. If you have a security system, make sure that it is activated before you leave. Consider adding timer lights to your property so that it does not look empty.

5) Consider hiring someone to stay at your home if you will be way for an extended period of time. Consider hiring a service or having a loved one stay at your home for a few days. This will help prevent possible break in, and will ensure that your property is correctly looked after.

During the holidays, many of us open our homes to family, friends, and even strangers. In addition, we are often receiving more packages and greeting more delivery personnel at our doors as holiday packages and deliveries arrive. However, extra traffic in your home can mean more property liability concerns. If someone has a slip and fall accident on your property or harms themselves on your property, you could face unpleasant legal problems as well as personal worry. You don’t need the extra stress during this time of year. To keep everyone visiting your property safe this year, follow these steps:

1) Take a stroll around your property with an eye to any damage or possible safety risks. Look at your roof, your walkways, and the yard in front and behind your home. Take a look inside, where stairs may be a problem. Do you see any dangers that need repairing? Uneven walkways, poorly lit door areas, low-hanging ornaments at the entryway – all of these things can cause serious personal injury. Take care of them now, before someone gets hurt. Also, if you own a pool, take a moment to ensure that the pool area is securely closed up and safe for the season.

2) Hire someone to keep your property carefully trimmed or take care of tidying your property yourself. Keeping your property free of objects and debris that can cause a slip and fall accident is vital. Overgrown bushes, low-hanging branches and scattered toys can cause a serious accident, as can wet leaves, rain, and other weather conditions. Keep your property safe and tidy or hire a service to take care of the property for you.

3) Keep your property well lighted if you reasonably expect someone may drop by. If you expect visitors or if you are receiving packages or deliveries due to the holiday season, turn on your outdoor lights promptly after dark so that delivery personnel and visitors do not have to trip their way to your door in the dark.

4) Make a plan to prevent drunk driving accidents. If you are serving alcohol at holiday parties, make sure that guests can get home safely. Do not allow guests who have been drinking to drive home. Offer rides home from designated drivers or set up sleeping areas for guests who have imbibed too much good cheer. These simple steps can help ensure that loved ones remain healthy and safe.

5) If you plan on traveling during your holiday, secure your property. If you will travel during the holidays, place a hold on your mail, newspaper, and usual deliveries. Put your lights on timers or have a trusted friend drop by to check on your home periodically. You do not want someone ruining your holiday with a break-in and you do not want someone wandering onto your property and harming themselves.

During the autumn, when children are at school and you spend more time ferrying children to activities after school, your home may be empty for longer periods of time. As well, your children may be inviting more friends over after school and on weekends. Now is the time to make your

1) Take care of any needed repairs before winter. A gate that needs repairs? A leaky roof? Now’s the time to take care of it, while contractors can still easily access everything any before winter weather makes access to some areas more tricky.

2) Close up your pool for the summer. Clean your pool one last time, have one last pool party and close your pool up safely for the fall. You are responsible for preventing pool injuries and drowning. Make sure that the pool is securely covered and protected with a locked gate for the season.

3) Set up a fall maintenance schedule. If you have landscapers, make sure that they are now taking care of leaves, and any puddles of mud or water that may accumulate. If you do your own yard work, create a checklist to ensure that your yard is free of debris and other hazards.

4) Switch to fall lighting. If you have a timer for outdoor lighting, set it back now that days are shorter. You may also need additional lighting near walkways and steps to keep these areas safe. If you turn on your outdoor lights yourself manually, turn them on earlier in the evenings.

5) Do a quick once-over of your property. The seasons are a great chance to check up on your property. Do a once-over inside and outside your property. Are there obvious hazards or possible hazards that need your attention? Are your smoke alarm batteries fresh? Are all doors and windows secure? Are all areas even for walking and free of obstructions? Now is the time to address any issues.

Many families choose to move into a new home during the summer, before the school term starts. If you and your family will be moving this summer, be aware that moving day can be not only hectic, but also brings with it some unique dangers. Before you disconnect your utilities and before you head for your new home, consider these moving-day tips to keep everyone safe:

1) Hire movers who are insured and bonded. Hiring non-professionals may be less expensive, but if someone gets injured on the job, you and your insurance may be responsible for any personal injuries and medical bills. Also, if your items arrive damaged, you may not have much recourse unless your movers are properly insured. Check references and insurance carefully.

2) Keep children away from movers and moving trucks. Movers will be carrying large boxes, which can reduce their field of vision. Small children can be accidentally stepped on or can cause movers to fall. Never let your children play where the movers are doing their job and always keep children well away from the moving professionals. Moving trucks are also large and have many blind spots. Never let children play outside when moving trucks are pulling into or off of your property.

3) Consider placing all items to be moved in one room. This will help reduce the number of stairs movers must climb. At the very least, carry all the light and smaller boxes into the room closest to the door. This way, movers will have to carry fewer items over long distances.

4) Be certain to remove all small objects from the floor before the movers arrive. If you have small toys or objects (such as packing tape or scissors) on the floor, there is a chance that someone – either the movers or someone in your family -- will slip and fall on these items. By the time the movers arrive, everything should be packed or at least out of the way.

5) Do a quick sweep before you move to make sure that there are no slip and fall accident dangers. Whether you are moving yourself or getting movers, check the path you or the movers will have to make from each item to the driveway. If there are any obstructions, remove them. Even a single overlong branch can lead to an accident. If there are stairs or any hazards that cannot be removed, make sure that you mark them clearly if you have hired movers.

Summer is a time when many of us host events, have friends drop by and have work done on the house. All this can mean added visitors to your home, which means that now is a good time to re-evaluate the safety of your property. If a delivery person, worker, post office employee or other visitor to your home sustains a personal injury, has a slip and fall accident, or has an accident, you could be held responsible.

Many of us assume that we only need to worry about premises liability in the winter, when less natural light and wetter conditions increase the likelihood of accidents. However, summer also has its unique hazards which can result in injuries and legal problems. More outdoor work and play can mean that more objects are left around the yard. Insects can set up nests on your property. Dogs are often relegated to the outdoors in the summer, where they can pose a risk for visitors.

There are, however, several things that homeowners can do to ensure that their homes remain safe and welcoming throughout summer:

1) Regularly clean your yard, walkway, and driveway of tripping obstacles and leaves. Remove leaves quickly, as they can get very slippery after a summer shower. Get in the habit of removing toys and tools from your yard when you head back indoors. Before retiring for the evening, make it a habit to look over your property to make sure that there are no tripping obstacles.

2) Make sure that painted stairs and asphalt have traction strips. Traction strips are available at your local hardware store and are important, since painted stairs and asphalt can be very slippery.

3) Trim back tree branches and hedges. Be especially vigilant about thorny or sharp hedges that jut out into walking areas. Also, regularly check for overhead tree branches and for hedges and plants that grow over a walkway and pose a tripping hazards.

4) Remove bee and hornet nests from your property. Be especially careful about nests that are near entranceways, stairs, and walkways. An unsuspecting visitor can brush by a nest and unleash a swarm of stinging insects, which can be dangerous. For small nests, most hardware stores have kits. For larger nests, professional exterminators might be needed.

5) Keep dogs restrained. Keep your dog on a leash, especially if you know there are visitors, postal workers or other people coming to your property. Take your dog to obedience classes and keep your dog’s vaccinations up to date. Dog bites are a serious summer risk.

In the summer, when many of us have our pools open, pools can pose a serious danger as well as a property liability issue. Pools lead to serious personal injuries and drowning. An incorrectly maintained or inadequately supervised pool can lead to brain injuries, spinal cord injuries, broken bones, and even fatalities. In addition to keeping your pool clean and inviting, you'll want to take steps to avoid pool accidents at your home.

Pool drains that resist UV degradation can pose a hazard because they create suction that can entrap children underneath the water, causing them to drown. It is important to install anti-entrapment devices on the drains to prevent body parts and hair from becoming trapped. In addition, properly sized drain covers are a must in order to keep drains clear and to prevent injuries.

If you have children, teach them not to play near the pool without adult supervision, and make certain that they do not remove drain covers or pool covers. Even if you take every precaution, you need to make sure that your children aren't inadvertently creating hazards in the pool area. If your child removes a drain cover, for example, someone could be injured and you could face many legal problems. Adult supervision should be available at the poolside any time someone is swimming and any time children are near the pool.

When no one is using your pool, make sure that you have a good pool cover covering the entire surface of the pool. If there's any standing water on the surface of a pool cover, it is good to remove this excess water. Small children can drown even in the small amount of water that can gather at the top of the pool cover. Before you swim again, make sure that you remove the pool cover completely.

It is important to surround your pool, hot tub, or spa with a good fence. The fence should be at least 4 feet high and should completely enclose the spa or pool to prevent anyone from entering your property and inadvertently harming themselves in the pool. The gates in the fence should have a self-latching mechanism and should be locked for your complete protection.

Now that the holiday season is here, most homeowners can expect more traffic in front of their home. Guests and family may be arriving for festivities. Delivery personnel may be arriving with packages of gifts. Carollers may be present in some communities and in some cases charities send out door-to-door solicitors at this time of year.

While most of us are happy to open our homes to guests at this time of year, more visitors can mean less time and a greater risk of premises liability problems. With winter conditions and less time to spend cleaning up, your premises may pose a risk for slip and fall injuries, which can lead to bone fractures, head injuries, and other serious injuries. To protect your guests and to protect yourself as a homeowner, remember to:

1) Do a through sweep of the premises before the holidays begin. Are there broken gates or lights that pose a danger? Is there a leaking gutter that is causing a pool of water to form on a walkway? Identify possible dangers and have them fixed promptly. For things that cannot be fixed at once, be sure to pose a notice about the danger to alert any visitors to the problem.

2) Take extra precautions if you are going away for the holidays. Even if you are away, you may be responsible for keeping your outside areas safe. If a child wanders into your backyard due to a faulty gate, for example, and falls into your pool, you may be held liable, even if you are not at home at the time of the incident. If you are going away for the holidays, secure your home very well and hire someone to check in on your property periodically.

3) Hire outside help if you cannot keep up with maintenance work. If you cannot keep your outdoor areas clean and safe, it may be best to hire contractors to clear away water, debris, and other dangers periodically.

4) Keep your home well-lit at night. Poor lighting contributes to many slip and fall accidents. Install motion-detector lights or bright lights along walkways to help visitors reach your home safely.

Usually, weather is not a very exciting topic, but today it is all that residents of New England have to talk about. Maine and other parts of the east coast have been hit with freezing temperatures and even snow. Florida is seeing thunderstorms and showers. Some forecasters are predicting that some Northern parts of Florida may be affected by cold temperatures or even freezing before the system moves out.

Snow and rain may be part of spring in various parts of the country, but Florida property owners need to be aware that weather conditions can lead to Florida premises liability claims. Each year, Florida attorneys see legal claims launched after someone is injured in a slip and fall accident or other accident on a property that is not properly maintained.

The truth is, Florida has a number of weather features that create the possibility of accidents and personal injury. Fog, rain, and showers are not uncommon in the region. Florida is not even a stranger to snow. The mid-1970s saw a number of cold snaps and even snowy conditions in 1977. Some Florida residents saw snow on Christmas day in 1989. While Southern Florida attorneys and their clients rarely have to put up with snow, all extreme weather conditions can create dangerous conditions that lead to accidents.

Florida property owners need to be aware of the weather and need to act to ensure that their properties are safe for home dwellers and for visitors. While homeowners are certainly not expected to control the weather or react instantly to bad weather, known hazards on a property can easily lead to a premises liability claim in bad weather.

If a property owner knows about a poorly lit walk, a leaky roof, or other problem and fails to fix it, bad weather can lead to serious problems. Not maintaining a property or not taking reasonable steps to prevent accidents can lead to a claim, and owners need to be aware that claims are more likely to be made after poor weather. For example, if a roof gable has been leaky for some time it may create puddles on a sidewalk after a rain. If a visitor slips and falls on a sidewalk and can prove that the owner knew about the gable but refused to fix it, that injured party can be entitled to damages under the law.

Continue reading "Spring is a Good Time to Bone up on Florida Premises Liability Laws" »

Most premises liability cases have to do with a specific location or premises. These cases are an issue when someone slips or becomes injured on another person’s property. A new case may take the definition of premises liability into cyberspace, however. A round of lawsuits filed in late January 2007 against social networking MySpace allege that the site failed to protect minors. Four families are suing the company, alleging their daughters were sexually assaulted after meeting men they had first encountered through MySpace. Attorneys representing the families claim that MySpace did not add security measures to the site, making minors vulnerable.

The website, owned by parent company News Corp., did eventually add some security features after widespread criticism that the site was doing nothing to protect minors. These security measures came too late, claim the victims’ families. In fact, the latest security features for MySpace – including a software program called Zephyr – were only released the same week the lawsuits were filed.

Experts in technology law have pointed out that message boards and social networking sites are not in fact required by law to have security features and in fact there are no laws governing the ways that these sites should operate. User agreements do ban specific illegal activities from sites, but each site is allowed to decide for itself how specific illegal activities will be stopped.

Another issue, claim technology experts, is how a large site such as MySpace can monitor and halt potentially illegal activity. Websites can use age verification and access controls, but these can always be circumvented by users. As many legal professionals have pointed out, web sites are not required by law to moderate their web sites, and doing so poses serious logistic challenges, especially on websites with heavy traffic.

Another challenge in the lawsuits will have to do with a lack of precedence. There simply have not been many previous cases like the one against MySpace, and that could make the families’ battle more difficult. In addition, a 2001 Florida's Supreme Court ruling could be an issue. The 2001 ruling found that in line with the U.S. Communications Decency Act of 1996, AOL was not liable for not policing chat rooms.

What is interesting about the MySpace case is that it is expected that the plaintiffs will opt for a "premises liability" argument. Although a web site is not usually considered a location or premises as such, creating this sort of argument allows the plaintiffs to argue that MySpace did not take adequate care to prevent foreseeable illegal acts.