50-year-old Plaintiff on the first day of a holiday in South Beach in Miami slips and falls on marble tile on an outdoor stairway exiting to the street, badly fracturing her left ankle. She is taken to the hospital, treated and returns to the hotel where she is confined to her room for the duration of her stay.
A claim was filed against the insurance carrier for the hotel which argued that as the hotel is so old, applicable Miami-Dade County and State of Florida building and safety codes do not apply.
The plaintiff made the argument, that the risk perceived defines the duty owed in so much as the tile in question placed outdoors was clearly indoor tile which can be very slippery when wet and as the hotel is located near the beach where an abundance of sand, salt and condensation can be will consistently buildup on those steps that the hotel should have foreseen a risk of harm to its guests and taken appropriate action notwithstanding the aforementioned code issues.
The carrier settled the matter pre-suit.
A 15-year-old minor is remanded to a youth shelter. He threatens upon admission to hang himself from a bunk bed with a leather belt. The youth shelter inexplicably assigns him to a bunk bed room and allows him access to a belt. He is then found hanging from a bunk bed causing serious and catastrophic brain injuries, coma and death. The shelter settled for a confidential amount.
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