Panama City Florida Injury Lawyer Blog

It seems to be a recurring headline, one that our Panama City premises liability law firm see pop up most often during the Spring Break period. Balcony falls raise a host of issues. Many times, these accidents are fueled by alcohol and intoxication leads to poor decision making and risk-taking behaviors. While the focus in the media is often placed on the victim, it is important to remember that property owners and operators have legal obligations and must ensure a building's safety. When these obligations are not met, a premises liability claim may be appropriate.

Panama City Balcony Falls Darken Spring Break Season
It's telling that WJGH introduced this week's story by noting that they believed it to be "our first balcony fall of the season." On Monday March 11, at approximately 2:45 in the afternoon, a young man was standing on a balcony on the third floor of the Boardwalk Beach Resort. The man, believed to be a Spring Break visitor, reportedly tried to swat at a seagull when he tumbled over the railing. Luckily, the man fell into soft sand. He was taken to the hospital as a precaution.

A quick look back serves as a reminder of just how lucky this young man was to land safely. Last year one of the earliest headlines addressing spring break-related balcony accidents covered a pair of falls that occurred over the weekend of March 19, 2012. One 21 year-old victim fell from a 2nd floor balcony and walked away unharmed. The other victim, also age 21, fell from a 21st balcony and died as a result of his injuries.

Balcony Falls and Florida Premises Liability Law
In some cases, a balcony fall is the result of the victim's own behavior. However, it is important not to jump to conclusions based on the age of the victim or the season of the incident. Premises liability law deals with accidents arising from the negligent maintenance, design, or operation of a property. "Slip and fall" cases are among the most common types of premises liability claims. Claims can be based on a temporary condition, such as an over-waxed balcony floor, or a more permanent issue, such as a railing that is too low or too weak to keep visitors safe. These problems can stem from construction issues or maintenance failures, such as a wood that has been allowed to rot and weaken a rail.

As a general matter, premises liability claims stem from the duty of a landowner or other party, such as the operator of a business, to maintain the property in a reasonable safe condition or to warn people of a danger that is not otherwise obvious. The nature of the duty varies according to the relationship of the potential plaintiff with the owner or operator and is highest in the case of a business relationship such as a hotel and a guest. Another major element in these cases is the degree of control that the defendant has over the property. This inquiry seeks to determine who was responsible for ensuring the safety of the area.

Representing Fall Victims Injured Due to Unsafe Property Conditions
Fault and causation are complex matters. A fall may result from a combination of factors such as the victim's inebriation and an unsafe property. Victims may have legal claims even if their own negligence contributed to the incident. If you have been injured in a property related accident, you owe it to yourself to protect your legal rights. Call our Panama City slip and fall lawyer to schedule a free consultation. Involving an attorney early can help ensure crucial evidence is preserved.

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Injury Attorney Comments on Floor Collapse in North Florida Apartment Complex

Spring Break Visitor Killed After Fall From Balcony

(Photo by Monika Bota)

Along with much of the nation, our community and our Panama City school safety law firm anxiously watched the events in Midland City, Alabama last week. We were all relieved to see the safe return of a kidnapped young boy to his family following his abduction from a school bus and confinement in an underground bunker. Our proximity to the events, which followed so quickly on the heels of the tragedy in Newtown, Connecticut, has many people asking about the safety of our kids and the potential liability of schools for violent acts.

Considering School Policies Following Newtown and Midland
In December, following the shooting rampage at Sandy Hook Elementary, Gov. Rick Scott called on Florida school districts to review their emergency plans. A report in Sunshine State News noted schools had been primarily following two emergency directives: 1) The 2001 Safe Passage Act required that all districts update their safety and security program on a yearly basis with parent, community, emergency response agencies, and school-related groups and 2) A Florida Department of Education policy set in 2003 that required limited access points for all schools, daily inspection of school grounds, a partner alert program, and increased police coverage. Gov. Scott asked school districts to better protect students by reviewing and enhancing current emergency plans in conjunction with other interested groups.

The News Herald reported on another look a school safety, this time focused on school transportation, came from Bay District School administrators in the week of the events in Midland. After examining procedures, administrators and school bus drivers believe that current procedures are sufficient to keep students safe. Per Florida law, students are the only ones permitted to enter school buses. While no changes are planned, Dr. John Haley, the district's executive director of operational support services, says there is an increased awareness of the potential for problems in our own backyard.

Liability for Injuries and Death at School or Aboard School Transit
Parents trust schools to educate their children and to keep them safe both throughout the school day and during the trip to and from the school. When a child is seriously injured or killed in a violent act during school, aboard school transportation, or while at a school-related activity, there may be a claim against the school. Florida law is clear that schools are not automatically liable for every incident that causes injury or death while a child is under the school's care. However, a claim against the school may exist if the negligence of school employees led to the incident. Foreseeability and preventability are important factors in determining the school's liability. Other related issues include whether a threat was made/known, whether school and/or district policies were ignored or deficient, and the level of supervision present at the school. Of course, the involvement of school personnel may also be relevant. Premises liability principles, particularly negligent security concepts, can also come into play in a civil claim against a school for events on school property.

We know that there are more heroes in the Newtown and Midland stories than there are villains. We also know that schools are an important part of our communities and the foundation of our future. However, schools still can and must be held responsible for their safety failures, big or small. If your child is injured in a violent incident or otherwise harmed while under the care of our schools, please call our Panama City school injury lawyer.

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Considering Claims Against a Florida College or University and an Update on FAMU's Response to Hazing Death

School Injury Lawyer Comments on New Policies Aimed at Keeping Students Safe from Abuse

(Photo by Robert S. Donovan)

Often our blog entries that start out with a weekend party end with a reminder about the dangers of drinking and driving. However, our work as your Panama City injury law firm includes a wide spectrum of legal issues in addition to those stemming from automobile accidents. This includes claims stemming from dangerous property conditions, including those that fall into the realm of premises liability claims. As a story out of the state capitol reminds us, property dangers can turn a party into a frightening scene.

Tallahassee Floor Collapse Leaves 55 Partygoers Injured
According to WJGH, officials estimate that around one hundred people attended a gathering at a Tallahassee apartment that lasted into the early morning hours on Sunday. The party took an abrupt turn when the floor of the second story apartment collapsed. Attendees and debris fell from the four bedroom home into the building's clubroom. The incident occurred at the Seminole Grand apartment complex, a group of nearly forty buildings on forty-four acres constructed in 1995. Officials report that fifty-five people suffered injuries, with most involving broken bones and sprains. Initial estimates place the property damage at $250,000. The complex is close to both Florida A&M and Florida State University. Some reports suggest the fire code only allowed eleven people in the residence at a time.

Florida Premises Liability Law
As a general matter, a premises liability claim arises from the duty of a landowner or other party to maintain the premises in a reasonably safe condition or to provide warning to others who may not know of a potential property danger. A key element of proof in these cases is the defendant's right to maintain control over the property. Ownership alone does not show control. For example, if the owner leases the property out and has no right under the agreement to enter or control the property, the owner will not be liable in a premises liability case. Often, both an owner and tenant have some degree of control. The liable party must also have active or constructive knowledge of the dangerous condition.

The duty to maintain a safe property also depends on the status of the injured party. In order from the highest liability to the lowest, visitors are divided into three main groups:

• Invitee - An invitee is someone who is invited onto the property for a business person, such as a shopper at a store. The owner of other controlling party must regularly inspect the site for possible danger to an invitee and must maintain it in a safe condition or warn the invitee of the danger.


• Licensee - A licensee is a person who visits the property for a purpose that is beneficial to the licensee. Licensees include social guests.


• Trespasser - Trespassers are those who enter the premises without permission. Per a 1999 statute, the landowner owes no duty to an undiscovered trespasser (i.e. one whose presence was not detected twenty-four hours prior to the injury) but does owe limited duties to a discovered trespasser. Exceptions are made for children who are not expected to be as able to judge danger, holding those with control responsible for failing to anticipate and correct hazards that may appear inviting to a child and lead to injury.

We have experience representing injured people in Panama City premises liability lawsuits. We also understand other legal principles that may come into play in these cases, such as Florida construction defect law. Please call for a free consultation.

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Heroic Firefighters and Medical Teams Rescue Family in DeFuniak Springs Fire
Spring Break Visitor Killed After Fall From Balcony

Our Panama City fire injury law firm knows that a house fire can feel like a family's worst nightmare has come to life. The speed and intensity of a fire are overwhelming. People can suffer injuries due to burns or smoke and the fire may claim the life of a family member, with children and the elderly at particular risk. Fires can also leave behind emotional damage.

Fire Rescue Team Rescues Pregnant Mom and Three Young Children
A story in The News Herald reminded our team of both the potential danger of a home fire and the bravery of the firefighters who risk their lives to protect our community. Last month, on September 14, fire teams arrived to battle a large blaze at303 South Norwood Road. Teams from Argyle Volunteer Fire, Walton County Fire Rescue, and DeFuniak Springs Fire all joined in the fight. When the responders arrived, they learned that the family was still inside the home. Firefighters located the pregnant mother and her three children, ranging in ages from two to six years, huddled together in one room with a dresser blocking the only window. Three team members, Randy Hatcher, Chad Nelson, and George McLeod, each rescued a child. Once the team took the children to safety, their mother crawled to a nearby bathroom and got out of the home through a window.

Several firefighters involved in fighting the blaze said the event seemed more like a movie than real-life because most fire events do not involve dramatic rescues. Hatcher, said this was the first time in his six year tenure that he took part in rescuing someone from a burning building. In contrast, Nelson noted he had ben to a number of prior fires where victims perished and that this was the first time he was at a similar event where everyone made it out. Battalion Chief Bill May and Brian Coley, the fire chief for both DeFuniak Springs and Walton County departments, were also involved and paramedic Ben Martin provided care to the mother and children before they were transported to the hospital. Several of those involved in the rescue will be recognized with awards in a ceremony at the DeFuniak Springs fire house.

Panama City Fire Law Firm on Injuries and Liability
Home fires can lead to a range of injuries. Burns are categorized by degree, from first-degree burns that heal in a few days and do not usually require medical attention to fourth-degree burns that can damage muscles, nerves, tissues, and bones and may lead to death or require amputation. Smoke inhalation is a leading cause of fire deaths and can also cause long-term breathing problems.

In some cases, a civil lawsuit may be appropriate following a fire. These claims often proceed as a Florida premises liability claim. Property owners owe a duty to tenants and guests to maintain their buildings in a condition that is reasonably free from fire hazards. Hazards that can cause a fire include: Unsafe electrical wiring and insulation; Faulty appliances; Presence of unnecessary flammable materials; and Failure to provide required safety devices such as working smoke detectors and fire extinguishers. Where errors like these lead to a fire that causes injury or death, the victim may have a civil claim against the landlord, a realty company, or another individual whose negligence significantly contributed to the fire. Depending on the circumstances, injured victims may also be able to recover compensation for psychological pain caused by the fire.

If you are the victim of a Panama City fire, please call our team. Our Panama City personal injury lawyer can help you obtain compensation for your injuries. Whether it is via a Panama City premises liability claim or a civil suit brought under other principles, Wes Pittman has the skills and experience necessary to helping fire victims recover money damages and move forward after a frightening event.

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Panama City Attorney on Moving Forward After a Fire

Panama City Licensing Dispute Highlights Fire Safety Concerns

There are many interesting legal theories that can apply Panama City injury lawsuit. Although it is not yet clear if any legal liability is involved, a story in the News Herald reminded our team of one important concept in personal injury law - the "Eggshell Plaintiff" rule.

Recent Death at Panama City Beach Motel


On Monday afternoon, the Bay County Sheriff's Office responded to a call from the Catalina Court Motel on Front Beach Road in Panama City Beach. Witnesses had pulled the body of a fifty year old woman from the swimming pool. Another woman, who said she was the deceased woman's aunt, told police and reporters that the victim had a medical condition that recently caused several seizures and may have contributed to her death. The motel's general manager spoke well of the Laguna Beach woman, a guest of the hotel for the prior month. The manager's husband said he had seen the woman lying on a float earlier in the day but had not considered whether anything might be wrong. An investigation is ongoing but early signs did not point to foul play.

Even if this death did not result from foul play, legal liability might apply in some cases. Pool deaths can fall under a premises liability theory, meaning a property owner or other involved part may be responsible for the death if the pool area was poorly maintained or otherwise unreasonable dangerous. Product liability law can also apply if a faulty product, such as a malfunctioning drain or poorly constructed float, led to the accident.

The Eggshell Plaintiff Theory in Florida Injury Claims

In this case, the report suggests the woman's health may have been an additional issue. While this may have some relevance as to the cause, the physical state of the plaintiff is not relevant and the defendant is responsible for the injuries sustained by the victim, even if the plaintiff's health status meant the victim suffered a more serious injury that an average person would incur in a similar incident. In law school, students learn about the "eggshell plaintiff" concept. The theory imagines a person with an especially thin (or "eggshell") skull. If the defendant's negligence caused the plaintiff to bump his head, the plaintiff might suffer a serious skull fracture or other major injury even if a typical person would suffer only a minor bump on the head. Even though the extent of the injury was unusual, if the court finds the defendant caused the injury and is legally liable for the incident, the defendant must still compensate the victim for the full extent of the injury. In other words, a defendant "takes the plaintiff as he finds him," including any unique susceptibility to injury such as a pre-existing condition or prior injury. The rule does not, however, mean the defendant is responsible for inevitable injuries that would have happened anyway when the incident had only a minimal impact on the outcome.

The "eggshell plaintiff" theory is recognized by Florida law. A number of court decisions affirm the principle and it is included in the Florida Standard Jury Instructions (401.12 and 402.6). With a law degree from The University of Florida and thirty-five years of legal experience, Wes Pitman understands this and other legal principles key to the success of an injury lawsuit. Please call if our team can put this experience to work for you.

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As a Panama City injury law firm, we believe in protecting our community. This commitment includes working for people impacted by public safety hazards that threaten the health and well-being of our fellow Bay County residents.

Complaints Continue for Coyote Transfer Site in Millville


A report by WMBB's News 13 calls attention to a situation that poses much more than just aesthetic concerns for some Panama City residents. Last year, the Florida Department of Environmental Protection shut down the Coyote Transfer Site in Millville. At the time, The Coyote Land Company operated five waste sites in the state including the Sixth Street location near Sherman Avenue. The site was only intended as a temporary waste location where refuse would only remain for less than thirty days before the company transferred it to a permanent site. This did not always occur as scheduled. When the DEP ordered the seventeen-acre site closed, it also fined the company over $500,000 in penalties and ordered the company to remove all garbage by February 2012. Problems at the site are not new, with complaints and repeated code violations dating back ten years. In 2010, a fire at the site burned for a week leading many to wonder about dangerous substances in the soil.

As WMBB notes, the clean-up deadline has come and gone. Trash is still accumulating at the site, including everything from cars to refrigerators. Residents say that the site is home also to large rodents and mosquitos, a particular concern in light of the recent West Nile cases across the country. Panama City Police spokesman Lieutenant Robert Luther said the city is working with the DEP to address health concerns. DEP officials have also discussed whether it may be appropriate for the municipality to take over the property, an unusual step but one that may be necessary if all other avenues of addressing problems fail. Coyote now faces fines totaling three million dollars for the failure to clean up the site, amounts that the DEP may seek from insurance policies.

Health Danger of Improperly Maintained Dump Sites

Former dump sites, especially those that were never properly maintained, can be a serious public health danger. Toxic chemicals can seep into the ground or spread via air pollution. While properly run modern sites are built to prevent water contamination, this can be a concern with older sites. Environmental toxins raise the risk of numerous physical ailments, posing particular risk to children, the elderly, and those with compromised immune systems. Dumpsites can also attract dangerous pests. Rodents can carry diseases that can spread through bites, fecal droppings, or via insects. Site properties themselves can also be hazardous, leading to a range of premises dangers. One example of on-site danger is the possibility of a child suffocating after becoming trapped in an old refrigerator while playing in an unsecured an improperly maintained site.

Cleaning up places like the Coyote Transfer Site obviously makes life more pleasant for residents and helps maintain property values. However, it is important to recognize these sites can pose very real health risks. Our Panama City injury lawyer is prepared to help residents who fall ill, or even lose a loved one, due to an improperly maintained dumpsite or other Bay County health threat.

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The Danger of Toxic Mold

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Amusement park rides are often a way for people to experience the thrill and exhilaration of movement while staying safe and free from real harm. Our Panama City amusement park injury law firm knows that most riders leave the park at the end of the day with smiles and new memories. However, sometimes a fun day goes wrong, causing distress or injury to those involved.

WJHG is reporting on a recent problem on a local amusement ride. Twenty-two year old Kyle Baumgartner and twelve year old Kyle Davis spent part of Saturday at Panama City Beach's Cobra Amusement Park. A mechanical error stranded the two riders at the top of one ride. According to reports, a hydraulic pump that powers the ride's movement broke down, rendering operators unable to move the ride. There was no override measure available to start the equipment's movement. Instead, the Panama City Fire Department called in a commercial crane with an attached bucket to assist in the rescue. The crane arrived on the scene at approximately 4 P.M. and was able to retrieve the stranded passengers shortly before 5:30. In total, the ride failure trapped Baumgartner and Davis near its peak for nearly four hours. The pair both reported feeling the ride shake just after it stopped. They initially thought someone was playing a joke on them put became aware it was more serious as time passed and managers and others gathered around the ride. Thankfully no medical emergencies or other injuries occurred during the rescue and the boys were brought down safely in the crane's bucket.

Fixed-site amusement rides tend to have pretty strong safety records. An industry group said that approximately 290 million guests enjoyed 1.7 billion rides at U.S. amusement facilities in 2010. For all those rides on fixed-site equipment, an estimated 1,207 ride-related injuries occurred in that year with only 59 injuries listed as "serious", meaning the injured person needed overnight hospital care.

Unlike fixed-site rides, mobile rides fall under the jurisdiction of the U.S. Consumer Product Safety Commission (CPSC). The mobile rides are moved from location to locations, serving events such as carnivals, fairs, and parties. According to the CPSC, such rides accounted for an estimated 2,500 injuries requiring hospital treatment in 2004. This number has held fairly steady between 1997 and 2004. Although similar, inflatable rides such as slides or bounces, are considered separately by the CPSC. That group resulted in an estimated 4,900 hospital visits in 2004, a number that has shown an upward trend since 1997. For both categories, the numbers do not include occupational injuries.

Amusement park guests do have the right to expect a safe visit. A range of legal principles may apply to an injured park visitor. Relevant claims could include product liability claims for design issues, failure to warn of potential risks, inadequate maintenance, inadequate security, and failure to train employees. Of course, non-ride-related accidents can also occur on park grounds. Slip-and-fall injuries can arise due to crowding, unclean walkways, and poor lighting. These injuries can give rise to a traditional premises liability claim.

If you have been injured at an amusement park or fair in our region, please call our experienced Panama City injury law firm. We will meet with you to discuss the facts of your case and explain how the law may apply to your circumstances. An initial consultation is free and most cases are handled on a contingency basis so you only pay attorney's fees if you recover compensation.

For tips on having a safe visit to an amusement park see Saferparks, a non-profit organization focused on park safety that includes safety tips and information about park oversight, and the Safety tab on the IAAPA website, an international association of permanently situated amusement parks and other facilities.

WJHG is following a story that caught the attention of our Panama City premises liability lawyer. Twenty-one year old Jacob Winkler was enjoying Spring Break after arriving in Panama City Beach from his home in Menomonee Falls, Wisconsin. The trip took a tragic turn early Saturday morning when Winkler fell from a seventh floor balcony at the Gulf Crest Condominiums. Winkler, who was a student at the University of Wisconsin's Milwaukee campus, was pronounced dead at the scene. An autopsy is planned to determine more details. No foul play is suspected but presumably the inquiry will consider whether alcohol played a role in the fall. The victim's friends have expressed shock and grief as the news of the tragedy spread.

This is actually the second time this year and the third in the past four months that a fall in Panama City Beach claimed a life. Details on the earlier falls can be found in reports from The News Herald. On Monday January 2, 2012, twenty-one year old Justin Alexander Seamus fell from the tenth floor of a parking garage located at 9902 S. Thomas Drive in the Laketown Wharf condominium. The Callaway native was pronounced dead at the scene. A third fatal fall occurred on December 3, 2011 and claimed the life on twenty-two year old Aaron Scott Thompson from Kalamazoo, Michigan. Thompson fell from the seventh floor balcony at the Holiday Inn on Front Beach Road. Circumstances surrounding the two more recent falls have not been reported but investigators concluded that Thompson's fall followed altercations with family members and a security guard.

While we do not have the details to make a full legal analysis of the three recent accident, balcony falls can give rise to a Panama City premises liability claim if the balcony area has not been built or maintained in a safe fashion. The defendant in a premises liability claim can be the property owner, the party that manages the location (like the party who owns a business at a rented location), or the tenant (i.e. the person living in an apartment managed by one company and owned by another). The legal inquiry into fault focuses on which person or entity bore responsibility for maintaining the safety of the area.

If you are involved in a property-related injury, you should take steps to protect a potential legal claim. Of course, medical care should be your first concern but you should also take care to document the incident. Get the contact information for any witnesses and document the scene, ideally with photographs or video. Report the incident to the property owner of manager and keep records of all correspondence related to the accident. Contact an experienced Panama City injury lawyer in a timely fashion so your counsel can also examine the scene before it is substantially altered and help you to determine who bears legal fault for the incident. Do not sign any agreements prior to obtaining legal representation.

The Pittman Firm has experience in slip-and-fall and other premises liability cases. Our phones are answered 24/7 and most injury cases are handled on a contingency basis which means that you only pay legal fees if we help you to receive compensation for your injuries.

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Panama City Lawyer Comments on Premises Liability After an Area Man Falls From a Hotel Balcony

Panama City Lawyer Comments on Two Local Home Fires

Continue reading "Spring Break Visitor Killed After Fall From Balcony" »

Our Panama City accident law firm understands that all local residents may be impacted by even seemingly small changes in our community. For example, even something as simple as the proposed opening of a new bar in our area may raise concerns about unsafe property in Panama City.

The News Herald reports that the Bay County Planning Commission has approved a variance to permit a more permanent establishment at 8667 Thomas Drive. Currently, a temporary spring break club is located in the building at the address. The variance waives the mandatory buffer zone of one thousand feet that is generally required between a nightclub and a property used as a residence. Other business owners have expressed concern that the currently open temporary establishment is unsafe. The owner of another establishment has suggested the site suffers from a dangerous lack of regulation with a lack of parking, chronic overcrowding, and insufficient protection against fires. Club operators opted to have a certified firefighter present whenever the club is open rather than installing a sprinkler system at the building.

The dispute over the Thomas Drive property has highlighted the lack of an occupational or business licensing system in Bay County. The city of Panama City Beach does have a business licensing system but establishments can avoid the regulations by locating just outside the city border. Instituting a countywide licensing system would eliminate this possibility and allow stricter safety rules to be enforced throughout the area.

We encourage all efforts to make businesses in our region safe for our residents and visitors. It is always preferable to prevent accidents. However, our Panama City premises liability lawyer is available to help if you are injured in a local establishment. Premises liability claims can arise from a dangerous physical condition such as the lack of sufficient exits to provide safe exit in case of a fire emergency. Claims can also be based on negligent security, when an owner fails to sufficiently address known security dangers. A recent change in Florida law does require that an injured person show the owner or operator of an establishment involved in a property liability claim knew or should have known that a dangerous condition existed at the locale. Knowledge can be actual or constructive, the latter indicating the business owner should have known about the danger given the nature of the possible harm. This requirement should be easily met in many cases of known harm--like when a business fails to install fire safety equipment.

If injuries result when a business owner chooses to skimp on fire protection systems, the business owners and operators can and should be held liable for these injuries. While it should not take a premises liability claim in Panama City to make business owners pay attention to safety concerns, bringing such a claim will not only provide the victim with needed compensation but also serves an important public safety function by reinforcing the duty of businesspeople to ensure their properties are safe for public use. We encourage efforts to ensure safety is considered before an accident happens but we are prepared to hold businesses accountable if they fail to consider safety when operating in our region.

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Panama City Lawyer Comments on Premises Liability After an Area Man Falls From a Hotel Balcony

Panama City Lawyer Comments on Two Local Home Fires

It is not strange to hear about a fire, and furthermore it is not all that uncommon to hear that a fire was caused by a methamphetamine lab explosion--however, it is strange when that type of fire occurred at a nursing home. If you are baffled by the previous statement, you join the opinion of many others in Ashtabula, Ohio. Earlier this week a fire erupted at Park Haven Home in the Cleveland suburb and early reports indicate there was a meth lab in one of the patient's rooms.

The blaze was reported to have left one man dead and another six injured. The nursing home where this occurred was already in hot water after several complaints of nursing home abuse where patients were not receiving adequate care. The Associated Press reported that the decedent, Shaun Warrens who was 31 years old, was burned over 90 percent of his body and his death has been ruled accidental. Warrens was neither a resident nor an employee.

WJHG is reporting on an accident that occurred on Thursday March 8th at the Chateau Hotel on Front Beach Road in Panama City Beach. Twenty-seven year old James McCollum fell from one of the hotel's second floor balconies. A family member reported that he had multiple injuries and was taken to the Bay Medical Center's intensive care unit. McCollum is employed at the hotel as a maintenance repair person. The majority of the facts remain in dispute and local police report that they are receiving conflicting stories about the accident.

Although we cannot comment on this specific case, our Panama City personal injury attorney is experienced in handling property-related injury litigation. Many cases of "slip and fall" or other property-related injuries fall into the category of premises liability claims. These claims can involve unsafe conditions that are temporary, such as an unmarked wet floor, or more permanent such as a poorly constructed stairway or balcony. Unlike many other injury arenas, the responsible party's fault in premises liability cases is often passive, involving a failure to maintain safe conditions, rather than active wrongdoing such as that involved in a car crash.

A key factor in premises-related claims is the defendant's level of control over the property. Ownership alone does not necessarily translate into legal responsibility for an unsafe condition. The court will look instead at who has the right to maintain control over the property and the condition that led to the injury. In some cases, this will be a tenant who has leased the property such as a grocery store that over-waxed a floor leading to a slip and fall. There are circumstances in which the court will deem both a landowner and a lessee to have had control, leading to both parties being concurrently liable for a property-related injury.

Another key issue in premises liability cases is the status of the injured victim. The degree of duty owed varies depending on whether the injured party is an invited business guest, a licensee, or a trespasser. The greatest degree of responsibility, and thus the highest potential liability, is to an invited guest such as a customer. In contrast, no duty is owed to an undiscovered trespasser. However, duties can extend to include a known trespasser such as someone who regularly cuts across a property. The middle ground of responsibility involves licensees, a category that includes social guests. Special duties can apply to children, including those related to "attractive nuisances" such as an unfenced swimming pool or unguarded trampoline.

In Florida, personal injury claims, including Panama City premises liability claims, are subject to a four year statute of limitations. Filing in a timely manner can help to preserve evidence and contacting a skilled Panama City injury lawyer as soon as possible always helps a victim in their effort to receive compensation for their injuries. We encourage any resident who has been the victim of a dangerous property condition in Panama City to contact our team for a free consultation to discuss your legal rights.

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Panama City Lawyer Comments on Two Local Home Fires

Panama City Attorney on Alternative Dispute Resolution and 2010 Trolley Accident

Continue reading "Panama City Lawyer Comments on Premises Liability After an Area Man Falls From a Hotel Balcony" »