Actually, the answer of who is legally liable will depend on the circumstances.

Who or What Caused the Fire?

In a personal injury case, the first question is always, “Who is responsible for the accident?” Usually, this person bears legal responsibility when other people suffer injuries. Fires can be started by:

• Hotel employees
• Faulty wiring or electrical systems
• Guests

Sometimes, more than one person or entity will be responsible. For example, if an employee accidentally caused the fire, then the hotel will also be responsible simply by virtue of being the person’s employer. The hotel does not have to do anything wrong. Instead, the legal concept of vicarious liability makes the employer responsible for injuries caused during an employee’s scope of employment.

If faulty wiring caused a fire, then the electrician or subcontractor could be responsible, but the hotel might also bear responsibility. The key will be whether the hotel used sufficient care to protect its guests from injury. If the hotel did not regularly inspect its wiring, or if they ignored problems with the wiring, then the hotel is also on the legal hook for any injuries caused by a fire.

What Happens when Hotel Guests Cause Fires?

When guests cause fires, hotels can still be legally liable depending on the circumstances. Here are some examples where you might be able to hold a hotel responsible even if a guest started the fire:

• The hotel did not clearly mark the fire escapes, so guests are injured when they can’t flee the hotel in time.

• The hotel did not install fire extinguishers or sprinklers as required by building codes.

• The hotel did not warn guests of the fire to give them time to escape.

• The hotel used dangerous, flammable materials that easily catch on fire. The key is how foreseeable it was that the materials might ignite.

• The hotel did not replace defective or dangerous lamps or hair dryers which ultimately cause a fire.

Every situation is different. Instead of assuming that you do not have a legal case, you should meet with an experienced Volusia County personal injury attorney to review your case against a hotel for injuries.

Speak to Daytona Beach Premises Liability Attorney

Daytona Beach has many beautiful hotels, welcoming thousands of visitors each year. If you have been injured in one, you might be able to receive compensation for your injuries.

At Bundza & Rodriguez, our premises liability attorneys can meet with you and identify who to hold responsible for your accident. Please call 561-265-2220 to schedule your consultation.

Avoid delay. Florida law gives you a short window of time to bring a lawsuit for personal injuries, and any delay can cost you money.

Resource:

baynews9.com/fl/tampa/news/2018/07/30/fire-occurs-at-daytona-beach-hotel

Potholes at Circle K

In the first case, two plaintiffs filed a complaint in Orange County, naming Circle K Stores Inc. as the defendant. According to plaintiffs, one of them visited the convenience store in Orlando on May 22, 2015 when he stepped into a pothole in the parking lot. As a result of the fall, he sustained injuries to his body and suffered disability, pain and suffering, disfigurement, lost wages, and medical expenses. According to plaintiffs, Circle K failed to fix the pothole or to warn customers of it.

Shopping Plaza Hazards

Another lawsuit was filed in Orange County due to a trip and fall in a parking lot. One woman alleges that on February 19, 2018 she was visiting the shopping plaza at 7325 Lake Underhill in Orlando when she stepped into a pothole, injuring herself. The complaint, filed July 2, names Osceola Enterprise of Kissimmee Inc. as the defendant. The plaintiff alleges that defendant failed to determine whether the pothole was a hazard to customers and failed to warn her of the danger. She has sued for over $15,000 in damages and has requested a trial of all issues.

A Preventable Problem

There is really no reason for businesses not to investigate their parking lots and fix any holes that open up. Dumping some tar into a hole costs a lot less than having to pay tens of thousands of dollars in medical bills, lost wages, disability benefits, and pain and suffering. Furthermore, setting up some saw horses or tape to warn customers costs even less than a couple shovels of hot tar. Yet, as the two lawsuits above attest, potholes continue to be a problem in Florida.

Unfortunately, business owners are frequently negligent, meaning they do not intend to injure their customers but through carelessness or oversight fail to keep their property safe. If you have fallen because of a pothole, you might have a legal case for compensation. Remember to do the following:

• Take a picture of the pothole, if at all possible. By the time you make a request for compensation, the owner might have covered up the hole and put up warnings. Use your smartphone or ask a bystander to take a picture.

• Get immediately to the hospital. Prompt medical treatment can improve your chances of recovery and can also document your injuries.

• Take down the names of any witnesses who saw you fall. Also get their phone number or email address.

Finally, remember to discuss your case with an experienced Daytona Beach premises liability attorney at Bundza & Rodriguez in Daytona Beach. You can schedule your free, no obligation consultation by calling 386-252-5170 or submitting an online message.

Resource:

larecord.com/stories/511486967-osceola-enterprise-of-kissimmee-failed-to-warn-of-pothole-that-caused-fall-invitee-alleges

According to the complaint, the woman  fell after slipping on a substance on the floor. She alleges as a cause of action that Publix did not exercise reasonable care in how it maintained its premises. As a result, she suffered severe bodily injury, pain, disability, and mental anguish. The woman is suing for more than $15,000 in damages, plus interest, attorneys’ fees, and court costs.

Owner Liability for Slip and Falls

To succeed in her lawsuit, the plaintiff will need to convince a jury or court that Publix was negligent in how it maintained its properties. The key to negligence is to show that the defendant owed the injured victim a duty of reasonable care and that its actions or inactions fell below that standard.

Seeing as the woman was a customer, the Publix store certainly owes her a duty of care. However, the case will probably turn on whether the store was sufficiently careful in responding to the foreign substance that she slipped on.

Florida statute 768.0755 states that a business owner is liable for personal injuries caused by a foreign substance only if they had actual or constructive knowledge of the substance on the floor. The statute further defines constructive knowledge as meaning:

• The dangerous condition existed for so long that a business being ordinarily careful would have discovered it. For example, something on the floor for five or six hours should be discovered by store staff.

• The condition existed regularly and, as a result, the business should have foreseen it. For example, if condensation daily collected on the floor, the business should have been aware of it and taken action.

Without additional information, it is difficult to anticipate whether the woman will be successful in her suit against Publix.

Documenting the Hazard

The key in slip and fall cases is to adequately document the hazard that made you trip or slip. For example, if water was on the floor, it will surely evaporate before your lawyer can get to the scene of the accident to take a picture. For that reason, injured victims should try as best they can to document the hazard:

• Take a picture with your smartphone or ask a bystander to
• Get the names of any witnesses who saw the hazard
• Write down your own memories as soon as possible

Your health is obviously most important, but documenting a hazard as quickly as possible gives you the best chance of receiving compensation in a lawsuit.

Speak with an Experienced Slip and Fall Lawyer in Volusia County

At Bundza & Rodriguez in Daytona Beach, we have represented many clients injured after a slip and fall. Whether they fell in a business or on a private residence, they need compensation to cover medical expenses, lost wages, and pain and suffering. For more information about your legal options, please contact us today by calling 386-252-5170.

Resource:

flarecord.com/stories/511453504-customer-alleges-publix-s-negligence-caused-injuries

The Allegations

According to the complaint filed by Carmen Hernandez, the plaintiff visited SeaWorld as a customer on May 17, 2014. During her visit, she slipped and tripped on poorly maintained flooring, which resulted in her injuries. Hernandez alleges that she endured pain and suffering and incurred medical expenses to treat her injuries. She also claims that a pre-existing injury was aggravated in the fall.

Turning to SeaWorld’s liability, Hernandez alleges that SeaWorld did not warn visitors like her of the dangerous condition. She further alleges that SeaWorld failed to train employees so that they could properly inspect and maintain the floors.

In her complaint, Hernandez sought a jury trial and more than $15,000 in damages. A court date has not been scheduled.

A Business’ Duty to its Customers

SeaWorld, like all businesses, owes its customers a duty to keep the premises reasonably safe by fixing known hazards or warning customers of them. When a business fails to discharge this duty—and when a customer is injured as a result—the business can be sued in court.

Of course, whether Ms. Hernandez is successful will depend on the evidence she can present on her behalf. To prevail in her negligence case, she will need to introduce evidence of the following:

• She was a business visitor to whom SeaWorld owed a duty of care.
• SeaWorld’s conduct was insufficiently careful.
• She suffered injuries.
• SeaWorld’s actions caused the injuries.

In this case, the first, third, and fourth elements should be fairly easy for Ms. Hernandez to prove. For example, she can show an admissions ticket to establish she was a customer, and she can use medical records to show her injuries. With respect to the fourth element—causation—she might need a medical expert to connect the fall to her injuries, especially since she acknowledges she had a pre-existing injury.

The case will probably hinge on whether SeaWorld was aware of problems with the floors and whether they adequately addressed those problems and/or warned visitors of them. This is a facts-and-circumstances analysis which will look at the condition of the flooring and what SeaWorld did to make it safer.

Contact a Daytona Beach Slip and Fall Lawyer

Slip and fall injuries can cause tens of thousands of dollars—or more—in medical bills and lost wages. Injured victims also frequently struggle with debilitating pain which also warrants compensation. For help analyzing whether you have a claim against a business, you should schedule a free consultation with a Daytona Beach slip and fall attorney. Contact Bundza & Rodriguez today.

Resource:

flarecord.com/stories/511402910-customer-alleges-sea-world-s-poor-flooring-caused-her-injuries

Which Accidents Count as Premises Liability?

The injured party has grounds for a premises liability lawsuit if he or she can prove that the defendant was negligent in maintaining the property, thus allowing the accident to occur. The following are scenarios where there could be grounds for a premises liability lawsuit:

• A customer gets injured after slipping on a spilled drink at a restaurant. The restaurant staff was negligent by not placing a “wet floor” sign until an employee had time to clean the spill.

• An alligator in a man-made lake at a golf course bites a guest. The golf course staff had a responsibility to call animal control as soon as they noticed the alligator and to close the golf course until it was removed. Likewise, if the golf course is located near a canal, river, or lake, they should always have staff members on the lookout for alligators or better to secure the golf course to keep alligators off of the property.

• A customer at a store gets injured when a shelf collapses and merchandise falls. The store owner should have made sure that employees regularly inspect shelves and repair the ones that are in danger of collapse.

Not All Accidents Are Premises Liability

You only have grounds for premises liability if you can prove negligence on the part of the property owner. It is the plaintiff’s duty to prove that the defendant failed to meet a formal safety regulation or that the defendant could have prevented the accident by keeping the premises safer. Generally, if the property posts signs about potential safety hazards, you will not have grounds for a premises liability suit if you see and ignore those signs. For example, if you swim in a lake at a park when there is a sign that says “no swimming” or “beware of alligators,” or if you get injured at a roller skating rink where there is a sign that says “skate at your own risk,” you will not have grounds for a premises liability lawsuit.

Contact Our Office About Premises Liability Lawsuits

If your injuries are the result of an accident at an unsafe place of business, you may have grounds for a premises liability lawsuit. Contact Bundza & Rodriguez in Daytona Beach, Florida for a legal consultation.