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Category Archives: Premises Liability

Sidewalk

Falling on Hazardous Sidewalks

By Craig D. Earnhart, P.A. |

The Palm Beach Post has an interesting story about the unexpected hazards created by mandatory oak or mahogany trees planted along sidewalks. Almost 30 years ago, the County decided that all developers should install these trees to provide canopy and other benefits. The trees were required to be planted within 10 feet of the… Read More »

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Were You Injured by an “Open and Obvious” Hazard?

By Craig D. Earnhart, P.A. |

Florida law requires that property owners keep their premises reasonably safe for people they invite onto the property. They should also warn visitors of a hazard that is hidden so that people can protect themselves. When property owners neglect these duties, they are often liable for any accident. However, some hazards are “open and… Read More »

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Florida’s Recreational Use Statute

By Craig D. Earnhart, P.A. |

Property owners owe duties to people they invite or allow onto their property. These duties depend on the status of the person entering the property but typically include a requirement to regularly inspect the property and make repairs to known hazards. If you own a business, for example, you should regularly inspect the aisles… Read More »

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Slip

Federal Court Upholds $1.2 Million Jury Verdict in Trip & Fall Case

By Craig D. Earnhart, P.A. |

The Eleventh Circuit Court of Appeals has upheld a jury verdict in an important case that originated in Florida. The case illustrates the lengths that cruise lines will go to avoid paying compensation when their negligence injures a passenger. Our Delray Beach premises liability attorney breaks down the ruling. Cruise Line Hides Evidence from… Read More »

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ShoppingCart

Children & Shopping Cart Accidents

By Craig D. Earnhart, P.A. |

Few people think of shopping carts as dangerous, but thousands of accidents occur each year because of them. Young children, in particular, are vulnerable to injury when parents place their children in the cart. Although this might seem like a good idea to restrain a busy and curious child, parents are exposing their children… Read More »

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SlipFall8

Can You Sue a Homeowners’ Association for a Slip and Fall?

By Craig D. Earnhart, P.A. |

Palm Beach County has thousands of Homeowners Associations (HOAs), with tens of thousands of residents. Living in an HOA has many advantages, including amenities, uniformity of rules, and someone responsible for maintenance. Unfortunately, many people are injured on their association’s property, and they wonder whether they can bring a claim for compensation. Handling this… Read More »

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Premises Liability after a Hurricane

By Craig D. Earnhart, P.A. |

Hurricane season is upon us, and early indications are that it will be particularly active. Already, Florida has seen several named tropical storms, and more dangerous storms could be on the horizon. When a hurricane or tropical storm comes crashing on our state, the damage is considerable. Strong winds can blow over trees and… Read More »

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Swimming Pool Accidents

By Craig D. Earnhart, P.A. |

Spending some time in the pool is almost mandatory given the steamy summers we enjoy in Delray Beach. Swimming is typically very safe, but a lot depends on the circumstances, such as whether a person is a good swimmer and the condition of the pool and the surrounding area. If you or a loved… Read More »

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Liability5

4 Things You Need to Know about Slip and Fall Cases

By Craig D. Earnhart, P.A. |

Slip and fall accidents can be quite serious. Many people suffer catastrophic injuries whereas others suffer no more than a bump on the head. Regardless of how the accident unfolded, you need to carefully consider whether to bring a claim for compensation. There is a lot of inaccurate information on the Internet, especially regarding… Read More »

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Premises

What Duties Do Landowners Owe Children?

By Craig D. Earnhart, P.A. |

Florida landowners generally don’t owe a duty of care to people who trespass on their property. The law makes an exception, however, for children. This exception is called the “attractive nuisance” doctrine, and it holds landowners responsible when children trespass onto the property because of an attractive object. If your child has been injured… Read More »

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