Articles Tagged with west-palm-beach-premises-liability

It was known as the “Ghost Ship.” It served as a showcase for a cluster of artist studios, illegal living quarters and the occasional underground dance party. Now, the shell of the warehouse in Oakland, CA is the site of one of the deadliest fires in recent U.S. history, and a stark reminder of why it is so critical that property owners abide by fire and safety codes.warehouse

Authorities report 36 people died at the venue, and prosecutors were exploring whether murder charges might be filed once the investigation is completed. It’s not clear exactly how the blaze started, but it’s possible that culpable negligence could lead to a charge of involuntary manslaughter. Those familiar with the space called it “a death trap,” cluttered with piled wood, furniture, haphazard electrical cords and just two exits. Before the fire, the property manager had reportedly been confronted several times by neighbors regarding trash in the street and on the sidewalk. He was reportedly resistant to inspectors responding to complaints or pressing him to comply with building codes. In a television interview after the fire, he spoke to the families of those lost, saying, “I surrender everything.”

The property owners – a mother and daughter – said they were not aware of the space being used as a dwelling. The family offered their condolences, but that is of little solace to those struggling with enormous grief right now – especially when there is so much evidence these deaths didn’t have to happen. They shouldn’t have happened. It will likely be asserted that but for the negligence of those responsible to keep this property safe, these deaths almost certainly wouldn’t have happened.  Continue reading

As we head into the holiday season, many individuals and families will be hosting gatherings where they will invite loved ones, friends and acquaintances. Party hosts should be aware that when they invite people onto their property, they assume a degree of responsibility for the safety of those guests – in some cases even after they leave.beers

There are two primary avenues for this: General premises liability law and social host/ dram shop law. General premises liability holds that property owners/ those in charge of a property owe a duty of care to those who are welcomed there to ensure they are reasonably safe. Then there are social host liability/ dram shop laws. F.S. 768.125 holds that persons who sell or furnish alcohol to persons who are not of lawful drinking age or who are known to be habitually addicted to alcohol can be liable for damages caused by or resulting from that person’s intoxication. Most often, this occurs in the form of drunk driving accident, but it could be applied to other scenarios as well.

The recent case of Rogers v. Martin, recently before the Indiana Supreme Court, involved a party guest who was killed in a drunken brawl at the end of a house party. Questions arose about the owner’s responsibility for his safety, as well as her liability for allegedly “furnishing”alcohol to the other person involved in the fight. Continue reading

Florida is a vacation destination, and hotel owners frequently must cope with guests who are raucous and rowdy and occasionally argumentative and belligerent. hotelhallway

But if a hotel evicts patrons such as these under potentially dangerous circumstances – say, being too drunk to drive – can it be held liable for injuries that result?

The answer from the Colorado Supreme Court in Westin v. Groh: It’s possible. Although the ruling doesn’t have a direct effect on the Florida court system, state high courts will often look to the decisions of other courts for guidance when facing similar quandaries.