Fall From Donkey Statue Injures Florida Woman
A woman is suing a Mexican restaurant for injuries she sustained as a result of falling from a donkey statue on the restaurant property in Tallahassee. According to reports, the woman was climbing on the status to take pictures, but unfortunately slipped and fell from the statue onto the floor. As a result of her fall, she suffered a fractured spine as well as other injuries.
Who’s To Blame?
The theory of premises liability, in general, makes a property owner liable for injuries sustained by people who are legally on their property. We often read about instances in which people are hurt in slip and fall accidents in stores or in a business’s parking lot and, particularly in our area, with its thriving hotel and tourism industry, we see the occasional story of an injury or accident at a hotel pool. In these cases, with narrow exceptions, most often the property owner will bear at least some portion of the liability for the incident, if not all. In the case of the donkey statue, according to reports the restaurant business encouraged the practice of climbing on the statue to take pictures; it is not difficult to understand how this practice could result in someone falling from the statue and sustaining significant injuries. One of the requirements for a property owner to be held liable for injuries and losses suffered on their property is that they were aware of a potentially hazardous situation and did not remedy the situation or properly warn of the danger.
It’s Your Own Fault
One specific exclusion with respect to premises liability law in Florida is if injury is sustained by someone who is on the property for illegal purposes. According to Florida Code Section 768.0705, there is a presumption against liability for injuries that are sustained in connection with a criminal act upon a business’s premises, so long as it was a third party who committed the act and sustained the injury, as opposed to an employee or agent of the business. A property owner’s duty to protect this category of people from harm suffered upon his their premises is at the very least significantly less than the duty owed to those who are on the property for legal purposes.
Alan Goldfarb, P.A. – Your Premises Liability Attorneys
If you have been injured on someone else’s property, whether you fell off a donkey statue while taking advantage of a good photo opportunity or you suffered a slip and fall accident at a local business due to a freshly mopped and slippery floor, we can help. The Miami premises liability attorneys at the office of Alan Goldfarb, P.A. will review your case with you to determine whether the property owner should be held liable for your injuries and, if that is the case, we will aggressively pursue the compensation you are entitled to for your injuries. Do not delay; contact us now to set up your appointment today and get started towards the recovery you deserve.
Resources:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.0705.html
local10.com/news/weird-news/florida-woman-sues-mexican-restaurant-after-falling-off-donkey-statue
