Trump Resorts won an arguably frivolous lawsuit in Florida involving a guest who sued because he was injured by burning his feet on a hot pool deck and beach sand.

The victim argued that the Trump Resort should have warned him of the excessively hot surfaces and that he was unable to feel the heat because he suffered from Diabetic Neuropathy.

After walking around the Trump Resort in Florida for days, he suffered serious burns and eventually required partial amputation of one of his feet.

Sometimes Bad Injuries Lead to Questionable Lawsuits

It’s a fact that sometimes serious injuries can lead attorneys to be overly aggressive in stretching the limit of legal theories.

In general, property owners, like the Trump Resort in this case, have a legal duty to provide reasonably safe premises for its guest and to eliminate or warn of any dangerous conditions. If the property owner fails to live up to this Duty and injuries result, then the property owner is Negligent and liable for the injuries and damages.

However, property owners are not automatically liable for every injury that occurs on their property.

No Duty to Warn about Open and Obvious Conditions

There is an exception to a property owner’s duty to correct or warn. If the condition is considered Open and Obvious, then there is no Duty to warn and no Negligence claim.

In this case, Trump Resorts argued that it is common knowledge that pool decks and sand get hot in Florida. That fact is natural and unavoidable, and everyone knows about it.

Consequently, there should be no duty to warn.

Here’s what the Court said in the Trump Resort case:

But What About the Victim Being Unable to Feel the Heat?

The inability of a particular person to perceive an Open and Obvious dangerous condition does not create a special duty for the property owner. Instead, the property owner only needs to consider what a “reasonable person” with ordinary senses would be able to perceive.

Consequently, the fact that the victim in this case had Diabetic Neuropathy which prevented him from feeling the heat did not help with his Negligence claim.

How Common are Frivolous Lawsuits?

The insurance companies and defense lawyers would like you to believe that arguably frivolous personal injury lawsuits like this one are commonplace, but that’s just not true.

The overwhelming majority of personal injury lawsuits involve victims of carelessness and negligence who suffer injuries through no fault of their own.

The fact that Personal Injury Lawyers are paid on a Contingent Fee Basis and only get paid if they win helps ensure that only cases with merit get pursued.

So, when you hear about cases like this one, don’t get fooled into thinking this is common.

Tim Rayne is a Pennsylvania Personal Injury Lawyer with the law firm MacElree Harvey, Ltd. For over 30 years, Tim has been helping injured accident victims understand their legal rights and receive fair treatment from insurance companies. Tim has Chester County law offices in West Chester and Kennett Square and helps client throughout Pennsylvania.

Contact Tim Rayne for a Free Consultation at 610-840-0124 or trayne@macelree.com or check out his website at www.TimRayneLaw.com.