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Premises Liability

Haggard Law Firm > Premises Liability

Serious injuries and even death often result from negligently designed or maintained premises and unsafe environments. When an owner of a property or business invites a member of the public onto his/her premises, as a guest or patron, the owner has a responsibility to keep the premise safe for use.

 

Premises liability refers to a situation where an individual is injured on the property or “premises” owned or maintained by someone else. The property owner or party responsible for maintaining the property may be held legally responsible, or “liable”, for that person’s injuries if the injuries were the result of a dangerous condition that existed on the property.

 

Property owners and businesses have a duty to provide a safe environment for people on their property. If they fail to do so and someone is injured in result, they may be held liable for the injured person’s medical expenses, pain and suffering and lost wages.

 

The Haggard Law Firm has successfully represented families in a wide variety of premises liability cases against private businesses and homes and public institutions, violent criminal acts on commercial properties; injuries on construction sites; accidents in common areas, negligent or inadequate security, and slip and fall accidents.

Notable Premises Liability Cases

JANE DOE, ON BEHALF OF A.B., A MINOR CHILD V. XYZ SHOPPING CENTER

$4 Million – Settlement – Premises Liability

Lawsuit was brought on behalf of a minor child who was catastrophically injured as a result of a merchandising hook entering his eye and hitting his brain. As a result of the injury the minor child suffered paresis of the right side of his body. The legal guardian brought suit alleging the hook was placed in as dangerous condition that the defendants were aware of and their negligence was the direct and proximate cause of the minor’s injuries. The minor suffered from permanent cognitive deficiencies as well as permanent physical disabilities in the form of significantly reduced fine motor skills and drop foot. The case settled right before trial for a total of $4 Million

M.R. AND P.A., AS GUARDIANS OF C.R., A MINOR, VS. CARLEEN A. OROPEZA REVOCABLE TRUST

$2 Million – Settlement – Premises Liability/Sexual Assault

The minor child victim was living with his family in a rental apartment in Key West.  Over a period of several months, the child was subjected to multiple sexual assaults and batteries at the hands of the de

facto property manager while on the Premises.  The abuse was discovered by the child’s mother, who promptly reported the matter to the police.  The criminal offender died before the criminal case was completed and before the suit was to be filed in the civil matter. The apartment complex denied that the offender was an employee of the owner, or that he had the level of access to the child’s apartment that Plaintiff claimed in this case.  However, several other witnesses indicated that the offender had acted inappropriately over the years, albeit not as severely as in the instant case.  The offender was a convicted felon who had no record convictions for any prior similar crime, but whose qualifications for the job were suspect on multiple levels.  The child victim was an extraordinarily brave and credible young person, who did not want others to be victimized by this same person.

JANE DOE VS SCHOOL ABC

$2 Million – Premises Liability

Jane Doe was a promising young student, doing nothing more than walking to pick up her cousins at school, when she was struck by an out of control car in a parking lot. While trying to park, an elderly driver confused the brake with the accelerator. The car jumped the curve, crossed over the sidewalk alongside the building, and pinned Jane against the wall, killing her almost instantly. Although the driver was clearly partially at fault, we were able to demonstrate that vehicle protective barriers (bollards) were an inexpensive safety device that absolutely would have saved Jane’s life. Through discovery, we demonstrated how common these pedal error cases are, how to guard against them without breaking the bank, and why the Defendant knew of the very risk such accidents caused upon their Premises. While certainly a challenging case to hold the owner of the building responsible for the negligence of a driver, we successfully showed that these barriers existed precisely because cars run into buildings with at an alarming rate, and that such accidents are even likely at certain locations.

JOHN DOE v. X. CORP

$1.875 Million – Settlement – Premises Liability/Construction Accident

While walking through a Miami International Airport parking garage, plaintiff tripped over exposed anchor bolts on the pavement and fell head-first into a concrete barrier. Plaintiff shattered hands and wrists and sustained a severe head injury with mild brain damage.

 JOHN DOE, AS THE NATURAL FATHER AND LEGAL GUARDIAN OF D.O, A MINOR CHILD V XYZ, INC. AND ABC ORGANIZATION, MIAMI, FL

$1.85 Million – Settlement – Premises Liability

Plaintiff’s family were members of defendant organization and attended an event being held at one of the defendant organization member’s home.  The defendant organization member rented an inflatable device for the children to play on during the event from defendant, XYZ, INC.  Another non-party organization member rented the inflatable device on behalf of the defendant organization to be delivered at the home on the day of the event.

Defendant XYZ, INC. delivered the inflatable device and provided no instructions or warnings on the proper use of the inflatable device.  Plaintiff’s family arrived and while the minor, D.O., was playing inside, another older and larger child did an acrobatic maneuver and hit minor, D.O., in the head with the heel of the feet.  Minor, D.O., suffered a compressed skull fracture that required an emergency craniotomy. Minor, D.O., suffered a traumatic brain injury with permanent cognitive and behavioral deficits.

Both defendant organization argued it was not an organization event and defendant XYZ, INC argued the warning label provided enough warning despite having a policy to provide both instruction on the proper use of and warn against prohibited behavior regarding the inflatable device.  Both defendants settled for a global amount of $1,850,000.00 just prior to trial.

JOHN DOE V. ABC APARTMENT COMPLEX & JANE DOE DRIVER

$1.875 million – Bicycle Accident/Automobile Accident/Premises Liability

John Doe (a 6-year-old) was riding his bicycle in the ABC Apartment Complex and was stuck by an automobile exiting the complex. As a result of the accident, John Doe suffered orthopedic injuries. The case was brought against the driver for negligence and the apartment complex for negligent design of its parking lot and for failure to have any traffic control devices that would assign the right-of-way.

RODRIGUEZ v. PHOENIX MARINE

$1.75 Million – Settlement – Premises Liability/Fall From Roof

Plaintiff was a 27-year-old tool repairman who sustained a severe head injury when he fell 32 feet from the Defendant’s roof. Plaintiff, who was repairing exterior lights at the time of the fall, alleged that the Defendant failed to provide adequate safety devices.

WAISHULIS v. HOLIDAY ISLE RESORT

$970,000 – Settlement – Premises Liability/Slip and Fall

The plaintiff, while vacationing at the resort, slipped on the steps and fifth-floor. It was discovered that the management and owners of the resort property were aware of a problem of algae and mold growth on the steps, which is what caused the plaintiff to slip on the steps.

LEARD v. “A NATIONAL PHARMACY”

$750,000.00 – Settlement – Premises Liability/Slip and Fall

An elderly woman tripped over the protruding bottom shelf of an aisle end-cap at a drug store. The drug store was in the process of closing and was having a merchandise clearance sale while dismantling shelves and fixtures causing a hazardous condition to its patrons. Due to the fall, our client shattered her left hip and requiring multiple surgeries including a total hip replacement.

Charlesetta Walker, as Administratrix For the Estate of Quris Walker v. Rosen Hotels and Resorts, Inc., and Majic Cleaning Systems, Inc.

$1.5 million – Settlement (Orlando, FL) – Premises Liability/Slip and Fall

In August 2011, Walker, who suffered from Down’s Syndrome, slipped and fell on a wet floor at the Rosen Shingle Creek Hotel in Orlando. At the time of the incident, the floor was being cleaned by Rosen’s Cleaning service, Majic Cleaning Systems. As a result of the fall, Mr. Walker needed surgery to repair his leg and suffered respiratory arrest during recovery from the surgery.

Nearly two years after the fall, Walker, who suffered from numerous pre-existing health issues, passed away. Both liability and causation were highly contested. The defense argued that Majic had put down five cones in the lobby, adequately warning visitors that the floor was wet and that Mr. Walker’s death was a result of his other health issues, and was unrelated to the fall.

 **Prospective clients may not obtain similar results. Amounts stated within this website are before deductions for fees, cost of attorneys and third party providers such as medical providers.**