Articles Posted in Premises Liability

A Dunedin woman alleges she was injured when an unmarked curb at Costco caused her to trip and fall.

The woman filed a complaint on April 10 in the 6th Judicial Circuit Court of Pinellas County against Costco Wholesale Corp. alleging negligence.

According to the complaint, the woman alleges that on Sept. 5, 2017, while she exited the Costco store at the Clearwater Mall, she tripped on an unmarked curb, fell and was injured.

She holds Costco Wholesale Corp. responsible because the store allegedly failed to mark the change in elevation of the curb, failed to give warning of any latent or unrevealed dangers upon exiting the store, and failed to properly inspect and maintain premises.

Property owners in Florida have a duty to keep their property reasonably free from dangerous conditions that could potentially harm visitors. If such a hazard does exist, the property owner has a duty to warn visitors of the dangers until they can be properly repaired. Premises liability claims arise when property owners fail to acknowledge this duty and someone gets hurt on the property as a result.

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A tourist is suing Sea World, claiming their negligence led to injuries.

The woman filed a complaint April 18 in Orange County Circuit Court against Sea World of Florida LLC, doing business as Sea World, and Sea World LLC, alleging the company failed to reduce, minimize or eliminate foreseeable risks before they manifested themselves as dangerous conditions on the premises.

According to the complaint, on May 17, 2014, the woman was legally on the Sea World premises in Orlando as a customer when she slipped, tripped and fell on poorly maintained flooring.

As a result, the woman says she sustained bodily injury resulting in pain and suffering, permanent aggravation of a pre-existing condition, plus the expenses of hospitalization, and medical and nursing care and treatment.

She also accused Sea World of failing to warn anyone of the dangerous condition as well as failing to properly provide training to its employees regarding the proper maintenance and inspection of floors, so as to prevent a danger to a guest.

Large amusement parks like Sea World are no stranger to personal injury lawsuits. In fact, many have involved slip and falls, trip and falls and other premises liability issues. Filing a lawsuit against an amusement park is similar to filing suit against any other party: an injury occurs, a suit is filed, an investigation into the claims is conducted and a trial is held if no settlement can be reached.

Big companies like Sea World have a legal duty to keep their premises safe and free from foreseeable accidents. This includes a constant safety sweep of the grounds as well as proper training, screening and supervision of staff. When amusement parks fall short of this responsibility, they may be held liable for their negligence by victims through personal injury lawsuits. Victims may be able to recover for their medical bills, hospital expenses, lost wages from missing work, physical pain and suffering, and mental anguish.

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A Polk County woman is suing a Disney theme park, alleging breach of duty and negligence led to her injuries.

The woman filed a complaint April 10 in Orange County Circuit Court against Walt Disney Parks and Resorts U.S. Inc,. alleging failure to exercise reasonable care for the safety of the public.

According to the complaint, on Nov. 9, 2017, the woman visited the Magic Kingdom theme park with her family to attend Mickey’s Very Merry Christmas Party, which included a fireworks show. She alleges that during the event there were employees who were walking at a very rapid pace and were zigzagging through the overcrowded venue in a negligent manner. The suit says the Disney employees ran into the woman, knocking her down.

She says she sustained bodily injury, resulting in pain and suffering, disability, disfigurement and expense of hospitalization, medical and nursing care and treatment.

The suit alleges Walt Disney Parks and Resorts U.S. failed to train and/or inadequately train its employees regarding safe maneuvering through the park when it is crowded and/or overcrowded so that employees do not make contact with guests and cause injury.

As an invitee of the park, you are considered a guest, which means you have a right to be reasonably protected against any safety risk while in the park under Florida’s premises liability law. Failure on the park’s part to protect you or anyone else may be considered negligence. An experienced Florida Amusement Park Injury Attorney at Whittel & Melton can investigate the matter of negligence for you and help you understand what steps to follow to seek financial compensation for pain and suffering.

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A customer who was reportedly injured after she tripped over a shopping cart left in a Walmart aisle has filed now filed a negligence lawsuit.

The woman filed a complaint on April 3 in the Orange Circuit Court against Walmart Stores Inc., alleging the Orlando shopping center failed to use due care to maintain its premises in a safe condition.

According to the complaint, the woman claims that on Feb. 5, 2016, she visited the Orlando store and tripped and fell over a cart that was left in the walkway.

As a result, she sustained bodily injury, pain and suffering, disability, mental anguish, loss of earnings, and medical expenses.

She holds Walmart responsible because the store allegedly failed to adequately inspect and maintain the walkway, and failed to correct or warn visitors of the danger of carts in the walkway.

When you choose to visit a retail store, you expect that you will be provided with a reasonably safe shopping experience. In fact, retail businesses are legally obligated to keep their premises safe for customers. If you suffer an injury from a hazard on store premises, you could have a valid claim against the business.

While many retail injury claims are slip and fall or trip and fall claims, there are many other injuries that occur within a store, including:

  • Faulty staircases
  • Uneven floors
  • Broken or poorly maintained escalators and elevators
  • Falling merchandise
  • Insufficient lighting in parking lots
  • Shelving mishaps
  • Lack of security

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Miami Beach’s Catalina Hotel, the scene of the 2012 CW network reality series “The Catalina,” has been slapped with twin lawsuits brought by two female tourists who allege the resort’s manager escorted one of them to their room then sexually abused them both.

The incident, according to the lawsuits filed in Miami-Dade County circuit court, allegedly took place a year ago. The women are only identified in court files as Jane Doe 1 and Jane Doe 2.

With prices in the $200 range and an open bar nightly from 7 to 8 p.m., the Catalina has become popular with spring breakers.

The hotel manager is accused of escorting Jane Doe 2 back to her room after she and roommate Jane Doe 1 “consumed several alcoholic drinks” during the complimentary hour.

When they arrived to the room, Jane Doe 1 was asleep on her bed.

Once in the room, the manager is accused of forcing himself on Jane Doe 1 and Jane Doe 2, including forcibly performing oral sex on both while Jane Doe 1 and Jane Doe 2 were in a nearly unconscious state, according to the complaint.

The negligence lawsuit faults the hotel for offering free booze without enforcing safety rules.

Hotel property owners have a duty to provide a safe place for guests and patrons to visit. Unfortunately, sexual abuse and other crimes can happen on hotel property, and when an assault or act of violence occurs because of unsafe conditions, the property owner may face a hotel liability lawsuit.

Failure to maintain a hotel property in a safe condition that is free from dangers entitles the injured party or victim to file a premises liability claim for negligence against the hotel. A premises liability claim is a type of personal injury claim that allows the victim to seek financial compensation for medical expenses, pain and suffering, lost wages and various other damages.

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A Pinellas County woman, who requires a scooter to move about, is suing Walt Disney Parks and Resorts, alleging negligence caused her injuries.

The woman filed a complaint Feb. 1 in Orange County Circuit Court against Walt Disney Parks and Resorts US Inc. and Disney Vacation Development Inc., alleging the park failed to provide a safe environment for its business invitees.

According to the complaint, on Dec. 7, 2017, the woman was at Disney’s Contemporary Resort, trying to move from her scooter to a DVD transport vehicle. The suit says the woman fell while trying to get into the vehicle.

The woman says she suffered bodily injury, resulting in pain and suffering, disability, disfigurement, scarring, mental anguish and aggravation of previous existing condition. The suit claims Disney employees negligently failed to properly assist the handicapped plaintiff.

The woman says the park failed to provide a handicap accessible transport vehicle, failed to train its employees regarding transport protocol for handicapped guests and failed to render aid to her after the incident.

There are many ways someone can get suffer an injury. Sometimes, these injuries are no one’s fault. However, in some situations, injuries can be the direct result of the actions of another person or business entity. These injuries could be the result of an accident or an intentional act.

The law clearly states that an at-fault person or business entity who causes personal injury to another is civilly liable to pay for their financial damages. Our Florida Injury Lawyers at Whittel & Melton can help you if you have been injured due to the acts of another.

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A new report out from the Centers for Disease Control and Prevention looks at the shifting trends in Americans’ health and mortality, and the conditions most likely to take lives.

While heart disease and cancer still top the list, Motor vehicle accidents, unintentional drug overdoses, and accidental falls and other injuries take the no. 4 spot.

According to the CDC, more than 2 million people are injured, and another 33,000 deaths occur each year due to auto accidents. It is no wonder why motor vehicle accidents are a leading cause of death in the U.S.

In 2015, more than 35,000 car-accident deaths occurred throughout the U.S., according to data from the U.S. Department of Transportation. Of those deaths, 3,174 occurred in Florida.

The good news is that most injuries and deaths on the road are entirely preventable,. The bad news is that the majority of those injured or killed are done so through no fault of their own. Auto accident victims are left with medical bills, lost wages, physical and emotional pain and suffering, and, in many cases, permanent injury or death. If you or someone you love has been injured or killed in an auto accident in Florida, our Car Accident Attorneys at Whittel & Melton can help you understand how to pursue financial compensation from the at-fault party.

According to the National Safety Council, slip and falls are one of the leading causes of accidental injury. Slip and falls lead to an estimated 9 million visits to the emergency room each year. The risk of slipping and falling increases with age. If you or a loved one has suffered injuries from a slip and fall, it is best to speak with our Florida Slip & Fall Injury Lawyers at Whittel & Melton to understand your legal options.

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An Orlando man is suing Dollar Tree, alleging negligence led to his injuries.

The man filed a complaint Nov. 28 in Orange County Circuit Court against Dollar Tree Store Inc., doing business as Dollar Tree, alleging the retail store failed to maintain its premises in a reasonably safe condition.

According to the complaint, on Feb. 11, 2017, the man was a lawful business invitee at Dollar Tree’s store at 4568 S. Semoran Blvd Orlando. The suit says the man slipped and fell on a liquid substance on the floor.

As a result, the man says, he sustained bodily injury, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, loss of ability to earn money, plus medical and treatment expenses.

The man alleges Dollar Tree failed to inspect its floors to ascertain whether it is safe for customers and failed to warn customers of the danger of the liquid substance on the floor.

The man seeks trial by jury, damages in excess of $15,000, interest and court costs.

In order to prove negligence in a slip and fall injury claim, two questions must be answered. First, it must be determined what caused you to fall. The second question is how what caused you to fall got there, and if anyone knew about the problem. This can be more difficult to uncover, but certainly not impossible.

If you suffered significant injuries in a slip and fall accident at a business as a result of negligence, you may be able to file a personal injury lawsuit to seek financial compensation for the harm you suffered. Slip and fall lawsuits help injury victims recover the costs to pay for medical bills, any lost earnings, disfigurement, emotional distress or permanent physical disability suffered as a result of the property owner’s negligence.

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A Tallahassee man is suing a Clearwater miniature golf facility, alleging negligence.

The man filed a complaint Nov. 7 in Pinellas Circuit Court against the mini golf business owners, alleging they failed to provide a safe environment for its business invitees.

According to the complaint, on Aug. 2, the man was at the miniature golf course when he unknowingly stepped down a steep angle on the floor, causing him to fall.

The lawsuit states the man suffered serious injuries to his right leg and back, resulting in pain and suffering, disability, disfigurement, loss of earnings and aggravation of a previous existing condition.

The man alleges the business owners failed to provide a side walkway, lighting, and warning of a steep drop-off, failed to inspect the hidden dangers on the property, and failed to warn the man of the dangerous drop-off.

Mini golf is usually a fun experience enjoyed by everyone. No one ever thinks they can be injured playing mini golf, but the truth is, you can certainly sustain injuries while mini golfing. Even the safest mini golf attractions can have lapses of negligence. As an invitee of the mini golf course, you as the guest have a right to be reasonably protected against any safety risk while in the park under Florida premises liability law. Failure on the mini golf location’s part to protect you may be considered negligence.

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A Broward County woman is suing Hyatt, alleging negligence led to her suffering injuries in the shower.

The woman filed a complaint Sept. 28 in the Ninth Judicial Circuit Court in Florida Orange County against Hyatt Corporation alleging they failed to use ordinary care to maintain their premises in a safe condition.

According to the complaint, on Sept. 22, 2015, the woman sustained serious injuries on the side of her neck when the shower head in a Hyatt Regency of Orlando bathroom suddenly dislodged and struck her. The suit says this caused her to violently twist her body and fall full force onto her right arm, neck and shoulder area.

As a result, she says she suffered bodily injuries, resulting in pain and suffering, disability, mental anguish, medical expenses and loss of earnings.

Sometimes something as simple as bathing can be a hazardous activity. Injuries from falls in the bathroom, particularly when getting in and out of a shower or tub, are common occurrences.

Bathroom falls typically mean violent contact with hard surfaces, which may result in traumatic brain injuries, back, hip or spinal injuries, neck fractures, or broken bones. If you suffered a serious injury from a hotel bathroom fall, you may still be dealing with the after effects.

If the hotel where you fell did not provide reasonable accommodations to protect you from an accident, you may be able to file an injury claim against the hotel for failing to provide a reasonably safe environment. Our South Florida Slip, Trip & Fall Injury Lawyers at Whittel & Melton can help you pursue potential compensation for your medical bills, lost wages, and pain and suffering.

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