Jacksonville Personal Injury Lawyer - Property Owner's Liability (Slip & Fall) - Most Popular

Why Did A 7-Year-Old Fall Through A Skylight?

Eddie Farah — Wed, 06 Jan 2010 22:23:09 GMT

It was an unbelievable fall at a Jacksonville Beach strip mall.

A 7-year-old boy plunged through a skylight on the roof, falling 14-feet to the ground. A witness said she heard the child cry. The boy’s mother and sister were also on the roof.

The child was transported by air ambulance to Shands Jacksonville and is reported to be in serious condition. The skylight was a dome made out of soft plastic and is reported to be flexible. Fortunately it was not made of glass.

The property owner says no one is supposed to be on the roof. Our prayers go out to the little boy for a swift recovery.

Under Florida law, the first step is to understand the specific legal category the injured person occupies. Unless the mother owns the building or had some reason to be there, she could be cited for illegally trespassing. Did the landlord want them up there? Were they invited or trespassing? Were they there because of some known attraction that strangers could find on the roof?

Under normal premises liability law, the owner of a building has the responsibility to make sure that it is in good working condition for everyday use, for example, for someone shopping. But in this case there may actually be a limited application of premises liability law.

In order for this mother to file a premises liability claim, her attorney must prove that the property owner knew or should have known of the dangerous condition, which they failed to correct, and that a person could likely encounter the condition, whether invited or not.

The duty to a trespasser is a lot less, but trespassers are still owed a duty to prevent injury, especially if they are children. Generally that applies to unsecured swimming pools, deserted car, unattended trampolines, or unused refrigerators - any nuisance that may be attractive to children, invited or not.

But generally speaking, that duty does not extend to the roof. The owner’s responsibility may be only to refrain from willful or wanton injury which might include removing any concealed traps.

Under Florida law, comparative negligence may apply, meaning negligence can be apportioned among several parties. An argument could be made that the mother failed to properly supervise her child and bears some of the responsibility for his injuries. The jury then can determine that 50% negligent would receive 50% of the claim.

But back to the basic question – why were they on the roof in the first place? Only when we answer that can we determine what duties and responsibilities the property owner owes to the injured. #

Originally posted at InjuryBoard by Eddie Farah

Three-Year-Old Dies In Lake City Pool As Swim Season Begins

Eddie Farah — Thu, 21 May 2009 18:29:42 GMT

A three-year-old child drowned Sunday afternoon, May 17, in a swimming pool in the back yard of a home in Lake City. He was scooped from the pool and taken to a local hospital where was pronounced dead. The Columbia County Sheriff’s office calls it a tragic accident.

We are sorry for the loss this family must be feeling now and forever.

And now with the Memorial Day holiday here, a federal report by theConsumer Product Safety Commission says nearly 300 children under the age of 5, drown in pools and spas each year. About 3,000 young children suffer injuries related to the pool or spa that require a trip to the emergency room.

Spas and pools are particularly treacherous for toddlers under the age of two, with the majority of drownings occurring in back yard pools and spas.

Florida’s Congresswoman, Debbie Wasserman Schultz, who has taken a lead in this issue, held a news conference with Safe Kids USA to urge home pool owners to check the fencing in place to keep youngsters from gaining access to pool areas. Self-closing, self-latching gates prevent kids from entering a pool area. Alarms alert an adult if someone enters the pool area or even the pool accidentally. Some kids even get out by a pet door- so consider that an area to watch.

Newer and safer drain covers prevent entrapment, where children are sucked into the drain with enough force that even and adult would have trouble breaking free.

Virginia Graeme Baker died that way, and it is for her that the Pool and Spa Safety Act has been funded this year. It requires all public pools and spas to have anti-entrapment drain covers and additional systems to prevent entrapment. The state departments of health are enforcing the law.

If you have any questions about what is required visit the CPSC web site www.PoolSafety.gov.

It doesn’t take but a minute for a child to slip out of sight and drown. Let’s have a summer in Florida without any more of these unfortunate reports. #

Originally posted at InjuryBoard by Eddie Farah

Rotweiller Kills Florida Toddler

Eddie Farah — Tue, 15 Dec 2009 11:28:00 GMT

A 20-month old little Florida boy was attacked and killed by a Rottweiler after dropping his cookie on the floor, according to law enforcement authorities in New Port Richey, Florida.

The baby was visiting his aunt’s home during a party Saturday night. The boy went to grab the cookie when the dog instead went for him.

Panicking, family members tried to pry the dog off the child, but it was too late. He died in the hospital. Animal control took the dog, which under law they have to keep for 10 days during which time the owner may request a hearing.

Surely the owners must have known they had a problem with food aggression and a large animal. Nonetheless our hearts go out to this family for their tragic loss.

Surgeons will tell you that they are often called upon to repair the faces of children that were literally torn apart by the beloved family pet. Each one will say the same thing, "this dog was so loving and protective. We never thought she/he would do anything like this."

Dog Owners Liability

Generally, the owner of an aggressive dog that bites a person is liable for damages suffered by persons bitten. However, if there is any negligence or contribution by the person bitten, it reduces the liability of the owner.

For example, if you are trespassing and are bitten by the dog that is there to protect the property, it reduces the liability of the owner. If a child provokes the dog, it could be considered the cause of the accident, reducing his recovery of damages, unless the child is under the age of six.

And many homeowners’ insurers will not offer coverage if they find you have a breed considered dangerous, such as a Rottweiler, German shepherd, Doberman Pincher, or Pit Bull.

Every year about 500 Florida resident are bitten severely enough to require hospitalization and two Floridians die due to injuries from dog bites. Nationally, more than 4.7 million Americans, half of them children are bitten by dogs. Summer months tend to be the worst for dog bite injuries.

If a dog has previously been declared a dangerous dog and bites, the owner is guilty of a misdemeanor of the first degree. #

Originally posted at InjuryBoard by Eddie Farah

Negligent Property Owners Sued For Death Of Young Man

Eddie Farah — Sat, 07 Mar 2009 23:06:00 GMT

James and Cheryl Creech would do anything to see their 22-year-old son again. Antonio Creech was visiting his sister at the Eureka Gardens Apartments in Jacksonville, two days before Christmas 2007, when he was shot and killed along with another man.

Now the couple has filed a negligence lawsuit against the property owner, Flagship Property Managers.

To be successful, they must prove that the place was dangerous. That won’t be difficult. There had been seven murders in seven months. Even with the violence, there was no security, no gates, no guard and not enough lighting. There are safer neighborhoods in Baghdad.

It is vital that landowners keep their property safe for tenants. The landlord must screen new tenants. They must warn new tenants about any potential security problems or criminal activities near the property.

A property owner with a problem on their hand, must establish securities policies and procedures and work with law enforcement or independent consultants to ensure the property is as safe as it can be. That certainly would include adequate lighting, gates and security patrols, and security systems including closed-circuit TV and alarm systems.

Antonio had never been in the trouble with the law. He loved playing football and played the trumpet in his high school band. James says about his wife, “I can’t do nothing for her but hold her.”

We wish the family the best as they try to get on with their lives. We are very sorry for the loss of a young man who had his whole life ahead of him. #

Originally posted at InjuryBoard by Eddie Farah

State Farm Plans Its Exit From Florida

Eddie Farah — Sat, 14 Feb 2009 22:32:17 GMT

State Farm is one step closer to pulling its property insurance policies out of the state. Florida’s Insurance Commissioner Kevin McCarty indicated the insurance giant should go and soon.

“We do not believe that they can maintain trustworthiness and fitness to continue to do business in Florida.”

This messy exit is due to State Farms’ claims that it is operating close to the red and cannot cover 1.2 million policies if a major hurricane were to hit the state. McCarty says State Farm Florida, the state’s property insurance division, must surrender its license to operate within 30 days.

As for the policy holders, State Farm will be required to help them find private policies and not to throw them into the Florida backed Citizens Insurance pool of last resort. At this point it’s uncertain if Citizens could even keep up with all of the policies it has if disaster was to strike.

However, State Farm wants to stay in Florida in the lucrative auto policy business which serves some 2.8 million customers.

As a final exit plan, State Farm Florida must pro-rate refunds to policyholders, according to McCarty. All of this is not yet a done deal.

State Farm can take the next three weeks to decide whether it can abide by these requirements or not, but it’s apparent that the state would like to get rid of State Farm as much as it wants to leave the state. #

Originally posted at InjuryBoard by Eddie Farah

Florida Insurance Commissioner Tells State Farm "NO"!

Eddie Farah — Wed, 14 Jan 2009 00:35:01 GMT

State Farm wanted to raise homeowner’s premiums to cover losses from hurricanes by more than 47 percent. Monday, the state insurance commissioner told the insurance giant “No!”

This is not the first time they’ve been turned down. State Farm appealed when Insurance Commissioner Kevin McCarty denied the increase initially. An administrative law judge also turned them down and sent the hike back to McCarty.

That was bad news for the state’s second largest property insurer, which about this time is thinking that Florida is not such a good bet, especially since hurricane season begins in June.

Look for State Farm to take an appeal to the 1^st District Court of Appeals for another decision.

The other option State Farm is considering is canceling the bulk of the 845,000 property policies in the state it holds.

No doubt, profits and investments for insurance giants were substantially reduced in the first nine months of 2008 to about $4 billion, compared to $50 billion during the first nine months of 2007.

The 92 percent drop was blamed on bad investments and catastrophic losses, according to the industry’s Insurance Services Office (ISO).

But in the American Association for Justice’s "Tricks of the Trade" report on Big Insurance reminds us it is a profit industry.

With assets totaling $3.8 trillion over the last ten years, the property casualty industry has averaged profits of over $30 billion a year. The life and health insurance industry another $30 billion annually. The CEOs of the Top Ten property casualty firms earned an average of nearly $9 million in 2007.

Americans are highly sensitive to bailouts for the "free market" campaigners who enjoyed record profits in their pockets when business was good, and have their hands out to consumers who can ill afford more cost now when business is bad.

Does the old adage about saving for a rainy day apply here?

Originally posted at InjuryBoard by Eddie Farah