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Blog Posts in Premises Liability

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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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  • 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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