News & Events

Property owners owe a duty of care to those who come onto their property when they hold their premises open to the public. Whether you own a business or any other type of establishment, someone who is injured on your property may try to sue you. Georgia law does not hold you automatically responsible by the mere fact that an injury occurred on your premises. Instead, a plaintiff would need to prove you were negligent. If they cannot meet their burden of proof, they cannot be awarded financial compensation. Below, we discuss Georgia’s premises liability laws in greater detail.

In Florida all construction claims must comply with the pre suit requirements of Florida Statute Section 558. The property owner is obligated to follow a legal process under Fla. Stat. § 558 that requires them to first notify all applicable contractors and subcontractors about the defect before taking any additional legal action. If a contractor believes one of its subcontractors was at fault for the defect, the contractor will forward the § 558 notice to them. Both the contractor and subcontractor may be present at a walkthrough of the property to see what the property owner claims is a defect. Under the statute the contractor must provide a response within a specific time period. The benefit of the process, is it allows the contractor in early to review the project and potentially make an offer of repair or resolution without litigation. It also benefits the contractor to put on notice all responsible subcontractors for risk transfer obligations to either defend, indemnify or both for their work on the project.    

The COVID-19 pandemic has complicated liability insurance for the hospitality industry. A multitude of lawsuits has forced insurance companies to reevaluate how they provide and price insurance for this industry. Insurance companies must now shoulder much more risk than in the past, especially given the lawsuits against hotels and restaurants for both COVID-19 transmission and labor practices. Now, the hospitality industry must address a new reality.  

Boats are used commercially for many reasons. Some owners will allow their boat to be chartered, often for a day out on the water or as a fishing boat. Others may use commercial boats for transport or to move cargo. Either way, boat accidents can result in significant liability for the owner when an accident causes injuries to passengers, damage to other boats, or the loss of cargo. Major insurance companies offer commercial boat insurance that protects boat owners if there is an accident.

Robert Horwitz, a partner in the firm’s West Palm Beach office, along with Diane Tutt, an appellate partner in the firm’s Hollywood office and Jared Ross, an associate in the firm’s Hollywood office, recently prevailed with a complete defense verdict after a three-week non-jury trial in Miami-Dade County.