terry's takes
Filtered by category: premises liabilityApril 9, 2024
6th dca, premises liabilityJohnson & Krej Leasing, Inc.
Plaintiff was shot in a brawl at an Orlando strip club. Plaintiff did not sue the club or the company hired to handle security for the club. Instead, he sued the property owner and his management company, which he used to collect rent. Plaintiff won at trial, but the Sixth District reversed and remanded for entry of a directed verdict in the Defendants’ favor. The duty to reasonably protect against third-party violent acts falls on the party with control over the property. Here, that was the strip club, not the property owner. The club handled all day-to-day operations and hired and worked with a security company. Though the lease allowed the property owner to take back over the premises under certain conditions and to inspect or make repairs, that didn’t equal “control.”
read moreApril 1, 2024
3rd dca, premises liability, sovereign immunity floridaCity of Miami Beach v. Menendez
In a recent ruling, the court confirmed that the City of Miami Beach holds a duty of care for public swimming areas it operates, such as South Beach. The city cannot claim sovereign immunity to avoid liability for known dangers within these areas, regardless of formal state park designation. By maintaining a public swimming facility, the city assumes the common law obligation to ensure safety, similar to a private entity. While a plaintiff's awareness of potential dangers may influence comparative negligence, it does not absolve the city of responsibility for addressing hazardous conditions.
read moreApril 1, 2024
georgia court of appeals, premises liability, summary judgement standardDrucker v. Morgan
An AirBnb was not entitled to summary judgment for liability for a falling limb that injured a guest at the property just because the accident happened slightly off of the AirBnb’s property. The guest was injured while standing where the AirBnb told her to park, which was abandoned and unowned property next to the B&B that was decorated by the B&B and had a section marked off for parking. The limb was dead for years, and the decay was obvious to the naked eye. OCGA § 51-3-1 requires property owners to exercise ordinary care in keeping the property safe, and also keeping the “approaches to the property” safe (at least to invitees). A jury could find that this area was an “approach” to the property. The fact that the Plaintiff’s husband lightly tugged on a vine, which was the last straw bringing the huge limb down did not justify summary judgment. An injury can have more than one cause. A healthy limb would not have fallen from a simple tug. The case must go to the jury.
read moreMarch 25, 2024
5th dca, directed verdict, premises liability, slip and fall, transitory foreign substanceDoty v. Dolgen Corp, LLC d/b/a Dollar General
In this slip-and-fall case, Dollar General’s motion for directed verdict fell “far short.” One employee brought outdoor displays inside the store to get them out of the rain. She put out a wet-floor sign near the displays. When the rain stopped, a different employee brought the displays back outside and removed the wet floor sign. Plaintiff entered the store and slipped on a puddle of water inside the store. Dollar General argued that it had no constructive or actual notice of the water puddle, but a business owner has “actual knowledge” of a dangerous condition when the owner or one of its agents “knows of or creates the dangerous condition.” Here, employees created the condition by bringing the wet displays inside and then by taking away the wet floor sign. The jury’s verdict in plaintiff’s favor was affirmed.
read moreOctober 23, 2023
1st dca, premises liability, summary judgement standard, transitory foreign substance, vicarious liability, writ of certiorari, writ of quo warranto, wrongful deathGarcia v. Southern Cleaning Service, Inc.
Southern Cleaning contracted with Winn-Dixie Stores, Inc., a grocery store chain, to provide janitorial services. Then, Southern Cleaning subcontracted that work to PAM Cleaning, Inc., an independent contractor.
read moreJune 30, 2023
5th dca, premises liability, slip and fallFrazier v. Panera, LLC
In Frazier v. Panera, LLC, the Fifth District Court of Appeal (5th DCA) examined a premises liability slip-and-fall case. Mrs. Frazier tripped on an unattended weighted sign base in Panera’s parking lot, leading to an appeal after Panera’s successful motion for summary judgment. The DCA emphasized two duties of landowners to invitees: (1) to warn of concealed perils, and (2) to maintain a safe environment. The court found that the sign base presented an unusual hazard not typically encountered, creating a factual issue on its "open and obvious" nature. The decision was reversed and remanded.
read moreMarch 31, 2023
11th circuit court of appeals, negligence, premises liability, transitory foreign substanceSutton v. Wal-Mart Stores East, LP
this case is useful enough that i have already used it in a response to a summary judgment motion. this is a plaintiff-friendly decision applying florida law regarding the statutory additional element in slip-and-fall cases against businesses.
read moreMarch 4, 2023
georgia court of appeals, premises liabilityWilliams v. Kasulka Properties, LP
williams v. kasulka properties, lp. our legal team at fischer redavid pllc has the legal experience to help you. call us about your case today!
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