Articles Posted in Premises Liability

If you were severely hurt at a Bonefish Grill restaurant, you could find out what your legal rights are when you call Wolfson & Leon today at 305-285-1115. Despite their relaxing atmosphere, Bonefish Grill and other restaurants pose a risk of injury to patrons. A myriad of issues ranging from rooms crowded with furniture to spills to drunk patrons can lead to accidents with serious injuries. Bonefish Grill opened its first restaurant in St. Petersburg, Florida in 2000. Known for its variety of fresh fish, each Bonefish Grill restaurant boasts a vibrant yet comfortable environment, exceptional service, and a big city bar. Bonefish Grill is a popular place to gather with family and friends. With 49 restaurants in Florida alone, you can dine at a Bonefish Grill in such cities as Tampa, Sarasota, Palm Beach Gardens, Fort Lauderdale, and Miami.

What is a Restaurant Premises Liability Claim?

Whether celebrating a significant life event or just relaxing with the family over a meal, no one expects to get hurt at a Bonefish Grill restaurant. Yet when a restaurant doesn’t take steps to ensure a safe premise, people can be badly hurt and could have a premise liability claim.

Were you gravely injured in a slip and fall accident at a Florida 7-Eleven convenience store? Are you stressed over the medical bills piling up on your table? Are you frustrated that you cannot work during your recovery? You should speak with a 7-Eleven accident injury attorney at Wolfson & Leon to find out if you might have a legal right to recover compensation for your injuries. Learn more by calling Wolfson & Leon today for a free and confidential case review at 305-285-1115.

Common accidents at 7-Eleven

7-Eleven stores are known for their convenience. Since its start inside a Dallas ice store in 1927, 7-Eleven has tailored its services over the year to offer gas pumps, self-service soda machines, coffee to go, and a 24/7 schedule. 7-Eleven has a global presence with over 81,000 stores in 18 countries. 7-Eleven expanded its family of brands with the acquisitions of Speedway, Stripes, Sunoco, and the Laredo Taco Company.

If you were gravely injured in a Family Dollar accident, you should find out what legal options may be available to recover compensation for your injuries. You can call Wolfson & Leon today for a free, no-obligation review of your case. Our Family Dollar accident lawyers consider the legal merits of your claim. They can answer questions about whether you have a case and what compensation you could receive. Learn more by contacting Wolfson & Leon today at 305-285-1115.

Family Dollar stores are popular for their low prices and various products. You can pick out a few boxes of cereal, pick out towels for your bathroom, or grab a new pair of headphones. While no one expects to get hurt when shopping at a Family Dollar store, accidents can happen. You may be gravely injured if you slip on a wet floor or are hit by a display that topples over. Not only could you suffer from painful injuries requiring extensive medical care, but your family’s finances may suffer when you cannot work.

Family Dollar Store Injury

If you were badly injured from an accident at a 7-Eleven store in Florida, it is a good idea that you should reach out to the best Florida personal injury law firm for help. It may feel intimidating to call a lawyer when you’ve been hurt. Perhaps you think you can’t afford to get legal help. But if you don’t know what your legal rights are, it can cost you far more. Find about your legal rights by calling Wolfson & Leon today any time day or night at 305-285-1115. We represent injured victims throughout Florida.

History of 7-Eleven Stores

Back in 1927, John Jefferson Green started the Tote’m Store. The establishment sold ice to customers. Seeing a need for customers to buy essential grocery items at stores that were closer to their homes, Green added bread, eggs, and milk to his product mix. In the late 1920s, some Tote’m Stores were equipped with gas stations.

When you are strolling down the aisles of your local Sprouts Farmers Market, you may be focused on picking up your groceries for the week or grabbing a few things for tonight’s dinner.  You don’t expect to get hurt, but it can happen. And when it does, we don’t know what to do.

When badly injured in an accident, it’s a good idea to reach out to a best Florida personal injury lawyer for help. It can be scary to call a lawyer, or perhaps you don’t think you can afford legal advice. But you can find yourself in a bad spot when you do not know what your rights are. At Wolfson & Leon, we provide you with a free consultation. We review the specifics around your accident and answer your questions about damages and what legal remedies may be available.  It costs you nothing to learn what your options are and everything if you don’t.  Call the Florida personal injury lawyers at Wolfson & Leon today for help.

Sprouts Farmers Market Background

Our community has suffered through the COVID Pandemic for months. In addition to various rules and regulations, many companies have also enacted masking rules for customers. But the question is just how far can a corporation go in the enforcement of masking rules?

Consider if a customer entered a Publix to purchase coffee. She is asked by a Publix employee to adjust her mask which had slipped below her nose. She adjusts the mask as requested. Subsequently, another Publix employee directs a security guard to go to that same customer. As the Publix security guard approaches the customer at the check-out, the customer reaches for a bag and her mask slipped below her nose again. The security guard tells the customer to fix her mask. The customer fixes it and says to the security guard “Will you get away from me now?”. The guard responds “I will drag you out of here”. Then the guard pulls and fires a Taser into the customer’s back and injuring her.

What should the customer do? Even if another Publix employee tries to usher the injured customer out, she should stand her ground and demand to make a report with the manager. Thereafter, the injured customer should call the Miami personal injury lawyers at Wolfson & Leon so a lawsuit can be filed on her behalf in Miami-Dade Circuit Court.

courtroom-300x225-300x225The Florida Courts seem determined to factually analyze every substance known to man and whether that substance and the specific condition it is in can serve as evidence of constructive notice.  Constructive notice is important in slip and fall cases these days because Florida Statute 768.0755 places the burden on the plaintiff to prove that a business establishment had constructive notice.  The only other way to have a case, per the statute, is to show that the condition occurred with regularity or that the defendant had actual knowledge of the substance.  So, in Florida, we have a body of case law that goes substance by substance and picks apart the substance from a factual basis to determine whether the person who slipped on that substance has a material issue of fact that can be presented to a jury.  This case by case analysis goes from fruit to fruit and frozen substance to frozen substance.  There seems to be no end to the various foods, chemicals, compounds, molecules, drinks, and items of all kinds that the Florida Courts will look at.

If you look at the history of the case law, there is some irony in all of this.  The Courts have ruled upon thawed ice cream (Camina v. Parliament Insurance, 417 So. 2d 1093 (3rd DCA 1982)), partially frozen peas (Teate v. Winn-Dixie, 524 SO. 2d 1060 (3rd DCA 1988)), partially liquified orange juice concentrate (Grizzard v. Colonial Stores, Inc., 330 So. 2d 768 (1st DCA 1976)), dirty water (Encarnacion v. Lifemark Hospitals of Florida, 211 So. 3d 275 (3rd DCA 2017), and other substances.  The irony is that the evaluation that they are supposed to be making is whether there is any issue as to material fact.  But, in analyzing the substances down to the molecules, most of these cases seem to make factual determinations that should be within the sole province of a jury.  It seems inconsistent to say that there must be an absence of a material issue of fact and then spend considerable time factually picking apart, analyzing, and determining that a substances specific condition does or does not tend to prove constructive notice.  Going on a case by case basis and looking at each substance and how it may or may not serve as evidence of constructive notice is no different than the job a jury, in the end, must do.

Now, recently, on February 19, 2020, the Fourth DCA ruled upon a grape.  In Oliver v. Winn-Dixie Stores, (No. 4D19-291), the 4th DCA held that a clear and dirty liquid with a red or purple speck in it that looked like it had been smeared upon the ground was not enough for Brandy Oliver to get to a jury.  They cited the absence of wheel tracks and footprints and found there to be no issue of material fact.  The 4th DCA leaned upon the testimony of an employee that he passed by the area repeatedly and that the floor was clean and dry moments before the fall.  But, apparently, there was a video that was not part of the record.  And, this video, according the Plaintiff, tended to show he was not looking carefully.  Moreover, there was no discussion whatsoever of how the condition was created.

19614851476_d78361b531_bIn the world of grocery store chains, there are many choices available to consumers. Although grocery stores provide the same service by selling food, what causes consumers to choose one store over another? There are many reasons, such as convenience, location, pricing, but the products offered are what distinguishes one store from another. Modern day society has grown in its awareness of nutrition and what ingredients we are feeding our bodies. With the increase in awareness, came the diversity in nutritional diets.

People have many different needs in order to satisfy their diet essentials. This could range from a strictly organic diet of ingredients harvested without pesticides and growth hormones, or even a simpler diet that does not have specific requirements. Where the problem lies, is that not all stores may offer the specific needs of all diets. Traditional grocery stores offer all essential products, but this may not cater to all consumers. That is why they have begun to offer more availability of organic products. Depending on the store, there may be more or less options for healthier food. Fresh produce is the general area of a store that will have options for regular and organic products. Although this can satisfy many consumer needs, it still would not be enough for the individuals searching for all organic products. The main difference between general grocery products and healthier options, is the pricing.

There are several stores that offer all organic options, but this comes with a higher price tag. It has become a commonality that in order to eat healthier, you will need to have a higher budget. That being the case, it may not be suitable for all consumers. This leads to people purchasing select products that are healthier, while purchasing general products to complete the remainder of their shopping list. Since not all stores offer the same availability of healthier products, consumers sometimes need to shop at different stores in order to satisfy their shopping needs. These differentiation are what inspired Lucky’s Market to be the first grocery chain to break the norm.

floor-3When it comes to home improvement and contractor supplies, the first name that comes to mind is the Home Depot. This company has dominated the market of home improvement superstores for nearly 30 years now and currently has over 2,200 locations across North America. In order to stay at the top of the market for so long, a company must make many business decisions to keep up with the times and consumer needs.

Home Depot Financials

Home Depot was founded in 1978 with its first locations being in the metro Atlanta area of Georgia. The company went public in 1981 and shortly thereafter, they began their venture outside of Georgia by opening 2 more locations in South Florida. Over the course of the next 8 years, Home Depot would increase its foothold on the home improvement market by opening more locations through acquisitions and conversions of smaller named companies in different regions of the country. By 1989 Home Depot had beat out Lowes as the largest home improvement superstore chain.

photodune-2000018-accident-report-xs-300x300As our world advances technologically, all forms of business continue to evolve in order to keep up with the changing of times. Such as food delivery services, which have become a staple for convenience in our daily lives. There was a time when it seemed the only food options for quick convenience or delivery were either pizza, Chinese take-out or fast food. Then restaurants began offering take-out services, which grew to curbside pickup, and now most of your favorite restaurants are available for delivery via the many companies that offer food delivery services for a fee. With this type of convenience society has become accustomed to, other food industries needed to find a way to provide similar options for their customers. This gave way to major grocery store chains offering online ordering with curbside pickup, and now their latest venture in convenience is grocery delivery services.

Walmart currently offers grocery delivery services for a fee with a monthly or annual membership. Their website states this service is available in select cities across 50 states. This form of convenience will continue to grow, especially with Amazon’s plan to compete with Walmart by building their own grocery stores. Amazon already has in-home delivery services for their current products and hopes to utilize the same service for their grocery stores. Walmart is set to begin their own form of in-home delivery later this year in select cities.

Amazon plans to build grocery stores with the business model of prioritizing online ordering with pickup and in-home delivery, will lead to smaller stores with larger storage facilities to accommodate customer demand. Larger storage facilities, results in more products to manage for the employees. This results in heightened attention to detail in order to avoid the risks of accidents or slip and falls. According to reports, slip and falls are the number injury sustained by employees and customers in a grocery store. This inherent risk could be multiplied with more products to manage, which could result in a greater chance for negligence. The onset of the in-home delivery venture would then carry this same risk for employees entering a customer’s home.

Contact Information