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Employee’s Premise Liability Claim Barred by Disclaimer / Release in Employment Agreement

Many times, an employee is required to sign a contract or agreement by the employer as a condition of employment.   If the employee does sign, they are employed.  If the employee does not sign, there is no employment.  The catch-22 when it comes to employment agreements.  If you have questions about what you are signing, do yourself a favor and consult with counsel.  This way, you at least have an understanding as to what rights you may be foregoing. There are times these employment agreements are later challenged in court by the employee when the employee leaves the company and argues...

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Uneven Floor Level Does Not, in of Itself, Support Premise Liability Claim

Does an uneven floor level, in of itself, support a premise liability claim?  No!  Uneven floor levels are not so uncommon.  The case of Contardi v. Fun Town, LLC, dealt with this issue in the context of an uneven floor at a skating rink – the difference between the skating rink floor and building’s subfloor.  A person was injured when exiting the skating rink to the building’s subfloor and, consequently, filed a premise liability lawsuit.   The owner of the skating rink was granted summary judgment and the summary judgment was affirmed on appeal finding that a premise liability claim did not...

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Duty to Maintain Property May Exist Even with Open and Obvious Dangerous Condition

Even with an open and obvious dangerous condition, there may still exist a duty to maintain the property and repair that same condition.  In Middleton v. Don Asher & Associates, Inc., 44 Fla.L.Weekly D301d (Fla. 5th DCA 2019), the plaintiff was a unit owner in a condominium for 15 years. She slipped and fell while she was walking on the condominium’s premises.  In particular, she slipped and fell on a sidewalk that contained uneven joints between two concrete segments.  She sued her condominium association and property manager for negligence in a premise liability action.  The sidewalk was apparently a common element required...

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Premise Liability Claims and Duties of Owners to Invitees

Owners of real property are oftentimes concerned about the prospect of premise liability claims when people are invited onto their property.  What happens if an invitee, such as a business invitee, gets hurt on the owner’s premises? What duty, in particular, does the owner of the real property owe to invitees?  The owner or occupier of real property owes two duties to business invitees, namely [1] a duty to “use ordinary care in keeping the premises in a reasonably safe condition” and [2] a duty to warn of latent or concealed hazards that the owner/occupier knew or should have known about...

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Applying the Tipsy Coachman Doctrine

In a previous article, I discussed the appellate doctrine known as the tipsy coachman doctrine, which stands for the principle that an appellate court can affirm a trial court even if the trial court reached the right result (supported by the record) but for the wrong reasons. This doctrine allows an appellee (party prevailing in the trial court and responding to appeal) that is arguing to affirm the trial court’s ruling to present any argument on appeal supported by the record even if that argument was not raised in the trial court. Dade County School Board v. Radio Station WQBA,...

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