Articles Posted in Premises Liability

A woman is suing Walt Disney Parks and Resorts US Inc. for alleged negligence.

The woman filed a complaint on Aug. 3 in the Orange County Circuit Court, alleging that the Disney failed to follow applicable safety guidelines and regulations.

According to the complaint, the woman alleges that she was a guest at the amusement park on May 3, 2016 when she fell due to a broken and defective sidewalk. The woman claims that she suffered disability, mental anguish and incurred medical expenses as a result of the fall.

She holds Disney responsible for allegedly failing to properly inspect the property, maintain its sidewalk and warn guests of the dangerous conditions.

Property owners have an obligation to keep their properties safe from unreasonably dangerous conditions such as defective sidewalks, uneven steps, and even spills on the floor. However, all too often people are injured on another person’s property because of an unsafe condition that the owner knew about and failed to repair.

Our Florida Premises Liability Lawyers at Whittel & Melton can help you if you have been injured on another person’s property. We will investigate your injury to help determine the cause, and help you pursue compensation for your injuries.

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A restaurant customer is suing Taco Bell of America LLC for alleged negligence.

The man filed a complaint on July 21 in the Orange County Circuit Court, alleging that Taco Bell failed to provide a safe environment for its patrons.

According to the complaint, the man alleges that he was walking towards the exit of the restaurant on Sept. 2, 2016 when he slipped and fell on a puddle of water on the floor. He allegedly suffered bodily injury, pain and suffering, the aggravation of a pre-existing condition, disfigurement, disability, mental anguish and medical expenses.

The man holds Taco Bell responsible for allegedly failing to warn him of the dangerous condition, and for allegedly failing to train its employees to properly maintain and inspect the obstructed walkway.

Restaurants, including fast food chains, owe a duty of care to people who visit their properties. Customers have the right to expect a store owner and manager to maintain safe conditions in these establishments.

Restaurants have responsibilities to their customers. If you suffered food poisoning, slipped and fell in a restroom, or otherwise suffered injury in a Florida restaurant or on the premises, we encourage you to speak with our Florida Negligence & Premises Liability Lawyers at Whittel & Melton today. You may be entitled to compensation from the owner of a restaurant to cover your damages, including:

  • Medical bills
  • Lost wages
  • Pain and suffering

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A tenant is suing a property owner for alleged negligence in the Orange County Circuit Court.

The woman filed a complaint on June 23 alleging that the property owner failed to provide a safe environment for her tenants.

According to the complaint, the tenant alleges that she suffered a severe injury to her left fibula on Oct. 5, 2014, which allegedly necessitated two months of orthopedic exercises, one year of disability for a year, and caused her to be unable to work. The tenant claims that the injury was caused when she struck tree roots and a mole hole due to the alleged poor lighting and maintenance of the lawn.

The tenant holds the property owner responsible for allegedly failing to warn her about the existing dangers of the premises, maintain and supervise the premises where the accident occurred and for allegedly allowing a dangerous condition to exist.

Property owners are responsible to adequately operate, manage, maintain and supervise their property to protect tenants and others from risk of harm. However, when property owners fail to maintain a safe environment for that results in serious injuries, they may be held liable for negligence.

The time following an accident can be a difficult and confusing time for injury victims. Our Florida Premises Liability Lawyers at Whittel & Melton understand this and work closely with clients through the legal process. We know you might be facing a lengthy recovery process and unable to work, which brings up the stress of paying your normal bills on top of medical bills and other accident-related losses. We can take care of your injury claim. If your accident was caused by your landlord’s careless or negligent behavior, we don’t think it is fair for you to be held responsible for paying somebody else’s mistakes.

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A business invitee is suing an Orlando business for alleged negligence.

The woman filed a complaint on June 21 in the Orange County Circuit Court, alleging that the business failed to provide a safe environment for its business invitees.

According to the complaint, the woman alleges that she was returning to her car on March 11, 2015 when she tripped and/or slipped on an uneven sidewalk on the business’ parking lot. As a result, she suffered bodily injury, pain and suffering, disability, mental anguish, an aggravation of a pre-existing condition, medical expenses and loss of earnings.

She holds the business responsible for allegedly failing to correct a dangerous condition and provide adequate signs that warned of the dangerous condition.

She is seeking more than $15,000 in damages.

If you slipped in a parking lot, there are a number of questions our Florida Slip and Fall Accident Injury Lawyers will ask you to determine who is at-fault and whether you can be compensated, including the events leading up to your accident.

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An Illinois woman visiting the Disney BoardWalk Villas in Lake Buena Vista alleges that she was injured while shopping there.

The woman filed a complaint on June 13 in the 9th Judicial Circuit Court of Florida – Orange County against Walt Disney Parks and Resorts US Inc. alleging negligence.

According to the complaint, the woman alleges that on June 25, 2015, she was upon the Disney premises for the purpose of visiting the shops and restaurants when she tripped on a raised screwed and fell. She alleges she suffered bodily injury resulting in pain and suffering, disfigurement, mental anguish and aggravation of a previously existing condition.

She holds Walt Disney Parks and Resorts US Inc. responsible because they allowed a dangerous hazard to exist and failed to warn of the dangerous condition.

She is seeking more than $15,000 in damages.

If you were injured in a trip and fall on someone else’s property, you may have the right to seek compensation for your injuries and other damages. This is an area of law called premises liability.

Under Florida law, property owners have a duty to exercise ordinary care to avoid injuries to visitors on their property. With that said, if a property owner’s negligent maintenance, operation or design of the property caused you to slip, trip and/or fall, the owner could be held liable.

Two key questions in any slip and fall case in Florida will be:

  • Was the property owner aware of the dangerous condition?
  • Was the hazard “open and obvious” so that you could have avoided it, thus preventing the slip, trip or fall?

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A woman is suing Wal-Mart Stores for negligence in a store accident that resulted in a stack of tables falling on her arm.

The woman filed a complaint on March 20 in the Orange County Circuit Court against Wal-Mart alleging that its store failed to provide a reasonably safe environment for its patrons.

According to the complaint, the woman says that on May 21, 2016, she suffered bodily injury, disability, medical expenses, loss of earnings and aggravation of a previously existing condition resulting from the negligent action of an employee as he allowed a stack of tables to fall on her arm.

She holds Wal-Mart responsible because the store failed to exercise reasonable care in the maintenance, inspection, customer service or mode of operation of the premises.

The woman is seeking compensatory damages in excess of $15,000 together with interest and costs.

When you set foot inside a retail store you expect you will be provided with a reasonably safe shopping experience. In fact, retail stores are legally obligated to maintain safe premises. If you slip, trip, fall or suffer another type of injury in a retail store you may have a valid legal claim against the store for financial compensation.

Many retail store injuries can leave you emotionally traumatized and physically unable to work. When you are unable to work, your finances can wind up in complete disarray. If you have suffered due to the negligence of a retail store employer or owner, let our Florida Personal Injury Lawyers at Whittel & Melton help you obtain the compensation you need to move forward with your life.

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A cruise ship passenger alleges he was injured after he slipped and fell near the food court on the ship.

The man filed a suit on Feb. 16 in the U.S. District Court for the Southern District of Florida against Celebrity Cruises Inc. alleging negligence.

According to the complaint, the man alleges that on Nov. 9, 2015, while aboard the cruise ship, he slipped and fell while walking on a slippery area near the food court. As a result, he alleges he suffered pain, loss of earnings and incurred medical expenses.

The man holds Celebrity Cruises Inc. responsible because they failed to conduct routine inspections of the area, failed to warn passengers of wet or contaminated floor surface and failed to establish, implement and enforce policies and procedures regarding the proper maintenance of the area.

Cruise lines are responsible for warning passengers of known dangers, however they are not required to warn of open and obvious dangers. Open and obvious dangers are those that should be obvious to a passenger using common sense. When slapped with a slip and fall claim, cruise lines will often use this defense to claim the cruise ship had no duty to warn its passengers of the obvious danger.  The success of this defense depends on the unique circumstances of the case and the injuries involved.

Our Florida Cruise Ship Injury Lawyers at Whittel & Melton know that slip, trip and falls suffered aboard a cruise ship can leave you in great pain and unable to go back to work to earn a living. These cases can be complex, which is why you need knowledgeable representation to go up against the cruise ship industry.

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A Kentucky woman claims a slippery deck near a hot tub on a Miami-based cruise ship caused her to fall.

The woman filed a complaint on Feb. 13 against Carnival Corp., doing business as Carnival Cruise Lines Inc., alleging negligence.

According to the complaint, the woman claims that on Feb. 26, 2016, she suffered serious physical injuries when she slipped and fell while exiting the Jacuzzi onboard the Carnival Fascination. She holds Carnival Cruise Lines Inc. responsible because they failed to warn the her regarding the slippery surface while exiting the Jacuzzi.

If you were injured in a cruise ship accident, you are not alone. Countless cruise ship passengers are injured every year, usually do to the negligence of a cruise line or its employees. Sadly, most of these injuries are 100 percent preventable. Slip, trip and fall accidents make up the majority of these incidents, resulting in a plethora of injuries including head injuries, broken bones, and spinal cord injuries. In most cruise ship slip, trip and fall cases, financial compensation can be sought by filing a personal injury claim.

While there are numerous ways a slip, trip and fall accident can occur, negligence is usually a contributing factor. The key to gaining a successful outcome for your claim, is proving negligence and showing that the negligence caused injuries to the victim.

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A Carnival passenger alleges he was injured because he slipped on a deck that was wet with rain.

The man filed a complaint on Jan. 23 in the U.S. District Court for the Southern District of Florida against Carnival Corp. alleging negligence.

According to the lawsuit, the man alleges that he sustained physical injuries when he accidentally slipped and fell due to a deck wet because of rain. The man holds Carnival Corp. responsible because they failed to warn the man of the hazardous condition of the lido deck.

All areas on a cruise ship that see a high volume of foot traffic must be must be free of dangers, and that includes any wet or slick surfaces that could result in slip, trip or fall injuries. Cruise line companies could be responsible for slip, trip and fall accidents that occur because of hazards employees create. Dangerous or hazardous conditions include slick or slippery surfaces and a failure to warn passengers of the wet area or failing to undertake reasonable safety precautions.

If a cruise line creates a dangerous condition or does not work to remedy the situation in a reasonable amount of time, they could be liable for all injuries they have caused. This negligence on the cruise ship’s part could mean you are entitled to recover financial compensation for your injuries.

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A Frontier Airlines flight from Chicago to Florida was diverted to Indianapolis after an issue was reported with its fuel system.

No injuries have been reported.

A Frontier spokesman said flight 1334 left Chicago’s O’Hare International Airport on Sunday for Palm Beach with 205 passengers and seven crew members aboard and landed late Sunday in Indianapolis out of “an abundance of caution.”

The pilot for the Denver-based airline made the decision to divert the plane, according to reports.

Passengers were put on another plane to get to their destination. According to reports, they arrived in Palm Beach on Monday morning.

The Transportation Security Administration screens over 1.8 million passengers every single day, and each traveler knows that flying has built-in risks and trusts that they will get to their final destination safe and sound. The reality is that planes are machines, and machines can malfunction. Although airlines take as many precautions as possible, when dealing with such high speeds and altitudes, flight mistakes can have serious ramifications.

Airplane accidents can be caused by many different things. The following are some of the common causes of airplane accidents:

  • Instrument failure
  • Pilot error
  • Fuel mismanagement
  • Mechanical failure
  • Tire failure
  • Defective landing gear
  • Inadequate training
  • Inclement weather
  • Metallurgical failures
  • Improper maintenance
  • Mid-air collisions
  • Improper inspections
  • Poor fuel
  • Design defects
  • Inadequate security
  • Improper flight training

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