Articles Tagged with personal-injury-attorney-in-west-palm-beach

West Palm Beach premises liability attorneys know that claims of negligent security require plaintiffs to show that third-party criminal acts that occurred on property were foreseeable by the property owner/operator and therefore preventable.

But that’s not the only element. It’s also important to make sure the right party is being sued. This is not always as straightforward as it sounds, particularly in dealing with tbardrinkhe nightclub scene. You may be dealing with several property owners, promoters, private security firms and public security agencies. In some cases, each one of these entities may have a hand in the negligence. It’s important that the plaintiff’s legal team conducts a thorough investigation to determine which parties had a legal duty to the plaintiff.

While a person generally has no legal duty to protect another from third-party criminal acts, property owners do have a responsibility to use ordinary care to protect invitees from criminal acts if the risk of such acts is foreseeable.

Companies will often try to indemnify themselves from legal action by having patrons sign a wavier. This is especially common for those offering sports-related activities, amusement park rides or thrill-seeking ventures. gokart

However, Florida case law over the years has evolved to support plaintiffs, particularly where waivers are broad and when clauses purport to deny a wronged party the right to recover damages from someone who negligently causes injury.

West Palm Beach personal injury lawyers saw this underscored once again in the Fifth District Court of Appeals’ ruling in Gillette v. All Pro Sports LLC.