Woman, Busch Gardens Equally to Blame in Florida Premises Liability Case
Premises liability occurs when a person—a visitor or patron—is injured while at someone’s home or a place of business. Most premises liability cases involve slips and falls, but they can involve a variety of situations, such as falling objects, dog bites and inadequate security.
A woman sued Busch Gardens after she was injured in August 2015. The 34-year-old woman was visiting the theme park when she ran inside a shop during a rain shower. At the same time, an employee had activated a rain tarp. As the woman ran under it to seek shelter, a bar hit her in the head. The woman suffered an intervertebral disc injury due to the incident. She also suffered from ongoing pain and had to seek chiropractic treatment on a continuing basis.
According to Busch Gardens, the woman was already hurt when she ran under the tarp. The case was heard in court and the jury felt that both parties should share the blame 50/50. Therefore, the original award of $191,168 was cut in half, and the woman received $95,584.
Types of Premises Liability Cases
Premises liability can happen in a number of ways. Slips, trips and falls are the most common, as are falling objects and ceilings. A person can also sue for inadequate security. For example, if a lack of lighting or security guards caused someone to get assaulted or raped, the victim could sue and hold the property owner liable for any damages. Injuries in swimming pools and exposure to dangerous substances or fumes could also be considered premises liability. Dog bites and unsafe walkways can also lead to injuries. So can elevator and escalator incidents as well as accidents at amusement parks.
In any of these situations, both parties can be at fault. Therefore, it’s important to have an experienced personal injury lawyer on your side to help prove your claim against the property owner.
Applicable Laws
- An invitee is a customer of a commercial establishment, such as a store or restaurant. Because the business receives a benefit from the invitee, they are obligated to provide a high duty of care. This means business owners must inspect the premises for dangerous conditions and either clean them up or warn customers promptly.
- A licensee is a guest on your property, such as a neighbor, friend or family member. Property owners are required to fix known dangers or at least warn licensees about them. However, unlike commercial establishments, they are not required to look for dangerous conditions, nor do they have to warn others of apparent dangers.
- A trespasser is a person who is on another person’s property without their permission. As a property owner, you owe this person nothing. However, you cannot intentionally create a dangerous condition in order to protect your land.
Get Legal Help for Your Florida Defective Product Case
Premises liability cases can cause serious injuries. If you were injured while a customer at someone’s business or a visitor at someone’s house, you may be able to recover compensation.
The Tampa premises liability lawyers at Pawlowski//Mastrilli Law Group can help you file a premises liability claim so you can recover compensation for medical bills, lost wages, and pain and suffering. Schedule a free consultation by calling 813-242-4404 or filling out the online form.
Resource:
law.com/dailybusinessreview/2020/06/04/busch-gardens-patron-trying-to-get-out-of-rain-hit-by-descending-steel-bar/
https://megajustice.com/possible-premises-liability-claims-due-to-covid-19/
