Who’s To Blame?

The theory of premises liability, in general, makes a property owner liable for injuries sustained by people who are legally on their property.  We often read about instances in which people are hurt in slip and fall accidents in stores or in a business’s parking lot and, particularly in our area, with its thriving hotel and tourism industry, we see the occasional story of an injury or accident at a hotel pool. In these cases, with narrow exceptions, most often the property owner will bear at least some portion of the liability for the incident, if not all. In the case of the donkey statue, according to reports the restaurant business encouraged the practice of climbing on the statue to take pictures; it is not difficult to understand how this practice could result in someone falling from the statue and sustaining significant injuries. One of the requirements for a property owner to be held liable for injuries and losses suffered on their property is that they were aware of a potentially hazardous situation and did not remedy the situation or properly warn of the danger.

It’s Your Own Fault

One specific exclusion with respect to premises liability law in Florida is if injury is sustained by someone who is on the property for illegal purposes. According to Florida Code Section 768.0705, there is a presumption against liability for injuries that are sustained in connection with a criminal act upon a business’s premises, so long as it was a third party who committed the act and sustained the injury, as opposed to an employee or agent of the business. A property owner’s duty to protect this category of people from harm suffered upon his their premises is at the very least significantly less than the duty owed to those who are on the property for legal purposes.

Alan Goldfarb, P.A. – Your Premises Liability Attorneys

If you have been injured on someone else’s property, whether you fell off a donkey statue while taking advantage of a good photo opportunity or you suffered a slip and fall accident at a local business due to a freshly mopped and slippery floor, we can help. The Miami premises liability attorneys at the office of Alan Goldfarb, P.A. will review your case with you to determine whether the property owner should be held liable for your injuries and, if that is the case, we will aggressively pursue the compensation you are entitled to for your injuries. Do not delay; contact us now to set up your appointment today and get started towards the recovery you deserve.

Resources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.0705.html

local10.com/news/weird-news/florida-woman-sues-mexican-restaurant-after-falling-off-donkey-statue

Florida’s Statistics On Child Drowning Deaths

The boy in this incident was lucky; for many other children, the outcome is not a positive. Sadly, Florida leads the country in child drowning deaths for children ages one to four years old, a tragic statistic offered by the Florida Department of Health. Florida ranks second in the country for drowning deaths in the larger age group of children from one to fourteen years of age. Looking at the country as a whole, according to the Centers for Disease Control and Prevention (CDC), ten people die each day from accidental drowning; these deaths are fifth on the list of unintentional injury deaths in the country.

Whose Responsibility Is It When A Drowning Occurs?

When a tragedy such as a drowning occurs, we often struggle to determine who should bear the responsibility. In many cases, the owner of the property is held responsible for injuries and deaths that occur in their pool through the theory of premises liability. In short, premises liability means that you, as the owner of the premises, are liable for accidents that occur on your property.

Specific Laws Regarding Private Pool Ownership And Safety

Regulations regarding safety are in place for both public and private pools, and Florida Code sets forth the law with respect to a residential pool owner’s responsibilities regarding safety in Section 515, the Residential Swimming Pool Safety Act. Pursuant to the Act, specific requirements must be met by a private pool owner for safety features and barriers and a private pool owner who fails to meet these requirements can charged with a second-degree misdemeanor. Penalties for such crimes can be avoided by compliance with the act and attendance at an approved drowning prevention education program, if one is available, within a specified time period.

Do You Need Legal Help?

If you or a loved one has been injured in an accident on someone’s property due to the property owner’s negligence, the office of Alan Goldfarb, P.A. is here to help. Our Miami premises liability Attorneys will speak with you to gather information about the circumstances surrounding the accident and will help you to understand how the legal system will handle your case. You deserve to have the best working on your side and you will have that with the legal professionals at the Office of Alan Goldfarb, P.A. Contact us today to schedule your initial consultation.