OVERVIEW

A person who owns land or premises holds the liability for injury suffered by others while on the property. Premises liability claims can range from a slip and fall on a wet grocery store floor or an injury suffered on an amusement park ride, to injury from animal attacks or negligent security.

Premises liability law makes the person in possession of land or premises potentially responsible for injuries suffered by persons who are present on the premises. The types of incidents that give rise to premises liability claims can range from a "slip and fall" on a wet grocery store floor or an injury suffered on a amusement park ride, to animal attacks and negligent security. The degree to which property owners are responsible for the safety of individuals entering their premises depends on whether the individual was lawfully on the property (invitees, social guests, licensees) or on the property illegally (trespassers).

CASE SUMMARIES

• DWKM&R fought workers' compensation immunity and insurance coverage disputes to secure a $250,000 settlement for a young woman seriously injured in a structural collapse at a South Florida demolition project.
  
  
• A father brought his 14-year-old son to work one day and let the boy ride with him on a forklift. While negligently operating the forklift, it overturned, resulting in serious injury to the boy, including orthopedic injuries to his right foot and ankle. Liability for this accident fell squarely on the man's employer who hired him knowing he had no driver's license and without determining if he had experience in operating forklifts. The company made no effort to educate the man about its safety policies which specifically prohibited transporting people on forklifts. In addition, the company's manager gave the man permission to bring the boy to the warehouse, but provided no supervision. Represented by DWKM&R, the case was settled for $425,000.
  
  
• A seven-year-old German boy and his parents on vacation in Florida were having lunch at the restaurant located at a city marina. The young boy went outside and feed the fish. As he left the restaurant, a city employee operating a golf cart ran over the child. The boy suffered injury that included multiple leg fractures, rib fractures and blood and air in his left thorax. Neither the city nor the restaurant provided any type of warning for restaurant patrons that vehicles and other machinery were using the sidewalk. Representing the family, DWKM&R settled the case for $175,000, including the city's $100,000 limit of sovereign immunity liability. In addition, after the case was resolved, mirrors and pedestrian warning signs were placed in noticeable areas of the restaurant and walkway to warn of vehicle traffic in the area.