Earlier in the month, a court of appeal in Florida issued a composed opinion in the liability case of a premise that was put forward by the mother of the child the errant golf ball stroke. And this incident happened while the child was in a stroller, being wheeled by his mother along a walkway that is maintained and owned by the city. The court on hearing the facts said that the city cannot invoke immunity trial since the hazard that led to the injury of the child was not the trail’s condition.
The Case Facts
The walkway where the damage happened specifically adjoins a golf course which is privately owned. A couple of years before this accident, a fence was installed by the golf course, and they also strategically planted big trees to minimize the chance of golf balls leaving the premises. However, evidence wasn’t found showing precautions taken by the city as regards to balls hit outside the golf course boundaries.
An injury lawsuit was filed by the plaintiff with a Florida injury attorney against the golf course and also the city. The Plaintiff said that the city neglected to make any move to solve the known hazardous condition made by the capability of errant golf balls.
The city affirmed trial immunity, which restricts hurt parties from making mention of government land owners in liability lawsuits premises if the accident happened on a walkway that is not paved, which gives access to hunting, fishing, hiking, camping, riding and including animals and all sorts of water sports, vehicular riding, scenic or recreational areas. The court dismissed the case after agreeing the city has an entitlement to immunity. The offended party appealed
The Turning Around of the Case in Appeal
On appeal, the injured party contended that the unsafe condition that led to the injury of her child did not make up the trial, and in this way, immunity trial ought not to apply. The court concurred, making it clear that there has to be a kind of association between the trial and the hazard for immunity trial to apply. The court adopted a reasonable strategy to the case, expressing that” acknowledging immunity now will provide the city an impediment to remedy a hazardous condition” to the golf course. However, by showing the city does not have an entitlement to immunity, it will be incited to adjust the golf course design instead of the trial design. Hence, the court verified that it’s not appropriate to apply immunity, and the offended party’s case should move in the direction of trial for both defendants.
Are you a victim of slip and fall injury in Florida?
If your loved ones or you has recently been an injured victim in Florida slip and fall incident, you might as well be entitled to some financial compensation. Businesses, governments, and private citizens are entirely responsible for safely maintaining their lands. And when they fail to do that, all you need is a Florida injury attorney to advise on steps to take.