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Articles Posted in Premises Liability

For many Miami homeowners, their swimming pool is one of the largest concerns when it comes to premises liability. After all, if a guest is injured on the property, homeowners may face legal claims. Even if a child trespasses on the property, the owner may be liable if the child is injured in the pool.

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And pool injuries are a concern in Miami. There are many ways people are injured in pool incidents each year. There are drownings and near-drownings where survivors are seriously injured because they are deprived of oxygen for minutes. Head injuries, slip and fall injuries, and spinal cord trauma as well as fractures and lacerations are also common around the pool.

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Short-term rentals through sites such as Airbnb are popular in Coral Springs, Miami, and other cities in South Florida. Some travelers like them because they offer less-expensive stays when compared with hotels. Others like the unique properties and home amenities, such as kitchens, available through short-term rentals.

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However, there is a trade-off. While hotels and official accommodations are legally obligated to maintain certain standards of safety and cleanliness, short-term rentals are under no such official obligation. Studies and investigative reports have shown that a significant portion of short-term rentals lack safety basics such as first aid kits, smoke detectors, fire extinguishers, and carbon monoxide detectors.

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A homeowner’s association (HOA) is an organization with a board of members who oversees the common areas, rules, and compliance of condos, co-ops, townhouses, planned communities, and other living spaces. If you live in a property with an HOA, you pay regular fees to the organization and follow the community rules. In turn, the HOA maintains common areas in the community and creates a pleasant place to live.

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HOAs have a duty of care to members, including the members of community who pay their fees and follow HOA rules. They also have a fiduciary duty to act in the best interests of members of the community.

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Short-term rentals allow residents of Miami, Hollywood, and other South Florida communities to rent out part or all of their property. Visitors to South Florida can stay in a condo, vacation home, room in a house, or even on a boat, booking through platforms such as Airbnb and VRBO.

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When things go wrong with a short-term rental, however, determining liability can be difficult and securing fair compensation can be challenging. Many short-term rental guests and hosts turn to Miami premises liability claims attorneys to sort out their situations.

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Garage doors are an important safety feature of many homes, allowing cars to be stored safely. Many homeowners in Monroe County with attached garages also use their garage doors as primary entrances to their homes. In condos and apartment buildings, garage doors allow entrance to the building and allow residents to safely enter and exit a property.

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Unfortunately, in some cases, garage doors can pose a hazard. If they are poorly designed or maintained, they can collapse on someone and cause serious injury. In cases where negligence leads to an injury, you may have a premises liability claim in Monroe County or a personal injury claim.

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This week, the thoughts of the entire legal team at Flaxman Law Group are with the families and individuals affected by the condo collapse in Miami Beach. While at this time the cause of the collapse is unknown, engineers have spoken before about the challenges of building in areas with shifting sands, especially as climate change may be contributing to rising sea levels.

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Over the past few days, the team at Flaxman Law Group has been asked whether Miami Beach condo and apartment claims are possible in cases where a building experiences structural integrity problems which lead to injury.

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When you are visiting friends and family in their Hollywood home, you of course expect to make new memories. However, what happens if you are seriously injured during your visit?

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In Florida, you do have the right to file a claim if someone’s negligence has led to your injury. This may mean you may have a claim in many “visit” instances:

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The holiday season brings many opportunities for creating special memories and for following family traditions. Before this holiday is fully upon us, however, it’s time to think safety. Holiday decorations and plans bring with them their own risks, and you can reduce those risks by planning ahead:

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Many people are concerned about the government’s actions when it comes to the pandemic. Some people feel that more strict measures are needed to protect the population from the COVID-19 pandemic. Others feel that mandates to stay-at-home or to close businesses effectively endanger their livelihood and their rights. Both sides have been suggesting lawsuits again against the government in Homestead and beyond.

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Whether you feel the government has too slow in promoting safety or if you feel your business collapsed due to harsh measures, you may wonder whether you have a claim against the municipal or state or federal government. You may also be considering all your legal options if you have been personally affected.

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At this time of year, many people are travelling and are taking planes to visit friends and family. While airports tend to be relatively safe places, they do pose a risk of injury and you’ll want to follow these tips to avoid injury and crime:

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