August 17, 2009
Contact: Eric W. Boyer, Esq.
305-670-1101 Ext. 123
PRIVATE LANDOWNER OWES NO DUTY TO INJURED PEDESTRIAN
MIAMI, Fla. – Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) trial attorney, Terrell K. Anderson, obtained a Summary Judgment for his client, Talmudic College d/b/a Biscaya Hotel, in a negligence case involving a trip and fall. The plaintiff alleged that she tripped and fell over a raised portion of sidewalk that was covered in leaves. This incident occurred along a sidewalk on Alton Road in Miami Beach, Fla. A municipal ordinance, enacted by the City of Miami Beach, requires private landowners to sweep and keep clean sidewalks abutting their property with violations enforced by fines. The plaintiff claimed that the defendant, Talmudic College, had a duty to keep the sidewalk clean of debris and their failure to do so caused her injury. Charges were also filed against the Florida Department of Transportation. Acknowledged during discovery, the State of Florida owned, controlled and maintained the sidewalk where the plaintiff tripped.
During oral argument, the defense cited several Appellate decisions where the courts have held that private landowners have no duty to persons who are injured on public sidewalks in close proximity to the landowner’s residence or place of business. Additionally, the defense also successfully argued that unless a municipal code, statute or ordinance specifically creates a third party cause of action, a private individual has no standing to sue a private landowner based upon such ordinance. Motion for Summary Judgment was granted in favor of Talmudic College d/b/a Biscaya Hotel.
Quintairos, Prieto, Wood & Boyer, P.A., is a Florida-based law firm providing legal services to corporations, government entities and individuals in the areas of commercial and civil litigation. With six offices throughout the State including Miami, Ft. Lauderdale, Orlando, Tampa, Jacksonville and Tallahassee, and attorneys licensed in several states including the U.S. Virgin Islands.