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Blog Posts in Premises Liability

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  • Florida Second DCA rules that alleged violation of Florida Accessibility Code was evidence of common law negligence by strip mall operator
    Florida Fifth DCA affirms summary judgment for defendant in skating rink premises liability lawsuit, ruling that uneven floor was not latent or concealed condition requiring warning

    On September 27, 2019, in Contardi v. Fun Town, LLC, the Florida Fifth DCA affirmed a summary judgment for the skating rink proprietor in a premises liability case ...

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  • Florida Second DCA rules that alleged violation of Florida Accessibility Code was evidence of common law negligence by strip mall operator
    Florida Second DCA rules that alleged violation of Florida Accessibility Code was evidence of common law negligence by strip mall operator

    On September 13, 2019, in Krueger v. Quest Diagnostics, Inc., et al., No. 2D18-3823, the Florida Second DCA reversed a trial court’s directed verdict in favor of the defendant in a premises liability case ...

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  • Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury
    Florida Third DCA rules that whether City of Coral Gables’ created a dangerous condition in placement of palm trees in street median was an issue of material fact for the jury

    On July 10, 2019, in Bejarano v. City of Coral Gables , No, 3D17-2636, the Florida Third DCA reversed a summary judgment entered by the trial court for the defense in a premises liability case ...

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  • Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s slip and fall complaint; plaintiff’s knowledge of dangerous condition raised comparative negligence issue rather than bar to claim for failure to maintain the premises in a reasonable safe
    Florida Fourth DCA reverses trial court’s dismissal of plaintiff’s slip and fall complaint; plaintiff’s knowledge of dangerous condition raised comparative negligence issue rather than bar to claim for failure to maintain the premises in a reasonable safe

    On June 12, 2019, in Leon v. Pena, et al , No. 4D18-2071, the Florida Fourth DCA reversed a trial court’s dismissal of the plaintiff’s slip and fall negligence lawsuit against her landlords for ...

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  • Florida Fifth DCA reverses trial court’s dismissal of plaintiff’s pro se premises liability negligence complaint against county library, finds that plaintiff sufficiently stated claim against library
    Florida Fifth DCA reverses trial court’s dismissal of plaintiff’s pro se premises liability negligence complaint against county library, finds that plaintiff sufficiently stated claim against library

    On May 31, 2019, in Maldonado v. Orange County Public Library System , No. 5D18-2800, the Florida Fifth DCA reversed a trial court’s dismissal of the plaintiff’s complaint against the defendant county ...

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  • Florida Third DCA rules that release form signed by gym customer did not bar premises liability lawsuit for injuries suffered by customer in assault at gym
    Florida Third DCA rules that release form signed by gym customer did not bar premises liability lawsuit for injuries suffered by customer in assault at gym

    On April 24, 2019, in Fresnedo v. Porky’s Gym, III , No. 3D17-1126, the Florida Third DCA reversed the trial court’s summary judgment in favor of the defendant gym owner in a premises liability case. ...

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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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