Town Says Enough is Enough Regarding Personal Injury Lawsuits
Most public spaces are owned by the city, and as the laws of most states mandate, it’s the property owner’s role to exercise a duty of care to pedestrians and other individuals visiting and passing through the property.
The duty of care must be expressed by employees of a business if there is one on the property or through regular upkeep and maintenance of the site, as an attorney, like a Las Vegas Personal Injury Attorney at Eric Roy Law Firm, can attest. That is, regardless of the role and purpose of the site, a reasonable effort must have been put for to make sure the property is safe for passerby to visit.
Two groups in Jupiter, Florida however, haven’t been pulling their weight regarding the property they owns and the town it resides in has said enough is enough; deciding to sue them. To date, the town has spent thousands of dollars to settle personal injury lawsuits at the Jupiter Yacht Club Docks which is currently owned by the Jupiter Yacht Club Marina Condominium Association and the Jupiter Yacht Club Master Property Owners’ Association, the successors of the original developers of the docks.
Being the owners, it’s their responsibility to perform the maintenance and upkeep of the docks to ensure pedestrian safety, but according to the town, practically no maintenance has ever occurred in the entire existence of the docks. This has led to several accidents at the docks of which the town has defended five claims and four lawsuits accumulating into thousands of dollars spent just to do so.
The town itself installed some lighting to alleviate some issues. The lighting broke very early and they never fixed it.
In the most recent personal injury case which was filed against the marina association only, the town’s insurance provider Nautilus decided there was no obligation to handle the organization’s defense, leaving the town high and dry.
Seemingly consequently, the marina’s association’s insurance provider, AGCS Marine Insurance Company, sued the town of Jupiter saying that it failed to provide insurance coverage under a 2002 agreement. Being fed up having lost more than they have gained from their coexistence, the town then decided to file a claim against the two organizations.
“They both have a responsibility to provide and maintain the public benefits that were promised to the town and the public,” said Town Attorney Tom Baird.
And that remains true; when you own property, it’s your responsibility to exercise a duty of care to the pedestrians who frequent and visit it.
If one owned an apartment complex, part of your duty would be performing or contracting a service to perform regular maintenance on the property and individual units to maintain a decent standard of safety and living.