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Blog Posts in Premises Liability

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  • Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee against landlord for failing to safely maintain property
    Florida First DCA rules that real estate rental contract’s exculpatory “As-Is” clause constituted waiver of claim by lessee against landlord for failing to safely maintain property

    On April 16, 2019, in Casasanta v. Sailshare 296 LLC , No. 1D17-4862, the Florida First DCA withdrew a former opinion from December 27, 2018 and substituted a revised opinion in its place, affirming a ...

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  • Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material issues of fact existed regarding dangerousness of manhole cover
    Florida Fourth DCA reverses trial court’s summary judgment for defendant in premises liability case, concludes that material issues of fact existed regarding dangerousness of manhole cover

    On March 20, 2019, in Cruz v. Wal-Mart Stores East , No. 4D18-178, the Florida Fourth DCA reversed a trial court’s summary judgment for the defendant in a commercial premises liability case. The ...

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  • Florida Third DCA reverses trial court's summary judgment for defendant in premises liability case alleging both dangerous condition and negligent mode of operation
    Florida Third DCA reverses trial court's summary judgment for defendant in premises liability case alleging both dangerous condition and negligent mode of operation

    On June 27, 2018, in Khorran v, Harbor Freight Tools , No. 3D17-1508, the Florida Third DCA reversed the trial court’s summary judgment against the plaintiff in a premises liability case, concluding ...

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  • Florida Third DCA remands for directed verdict in favor of defendant in premises liability case, finding no duty by defendant to provide security to plaintiff in public park
    Florida Third DCA remands for directed verdict in favor of defendant in premises liability case, finding no duty by defendant to provide security to plaintiff in public park

    On April 18, 2018, in Competitive Softball Promotions v. Ayub , Np. 3D17-1420, the Florida Third DCA reversed a trial court’s denial of the defendant’s post-trial motion for a directed verdict in a ...

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  • Florida Third DCA reverses judgment for plaintiff in supermarket slip and fall case, finds insufficient evidence that supermarket knew of dangerous condition
    Florida Third DCA reverses judgment for plaintiff in supermarket slip and fall case, finds insufficient evidence that supermarket knew of dangerous condition

    On March 28, 2018, in Publix Super Markets v. Bellaiche , No. 3D16-1983, the Florida Third DCA reversed a trial court’s final judgment in a supermarket slip and fall case, finding that the trial court ...

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  • Florida Fourth DCA rules that trial court erred in denying defendant's motion for remittitur where $150,000 award for future medical expenses was supported by insufficient evidence
    Florida Fourth DCA rules that trial court erred in denying defendant's motion for remittitur where $150,000 award for future medical expenses was supported by insufficient evidence

    On March 7, 2018, in Wal-Mart Stores, Inc. v. Thornton , No. 4D16-4173, the Florida Fourth DCA reversed a final judgment award of future medical expenses to a plaintiff in a slip-and-fall premises ...

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