Legal Question in Personal Injury in Florida

Motorcycle accident on private road

My boyfriend was leaving his employment on his motorcycle. He works the night shift so it was after midnight and dark. He works in a sand mine in davenport florida. The company has several acres of land and a private paved roadway leading into it. As he was riding down this private drive to get out to the highway an opossum or armadillo ran into his path. He swerved to miss it and ended up laying his bike down and skidding off the roadway. He had protective clothing on which saved him from getting serious damages.

Although he did go to the ER for his scrapes on his knees and hands. He also hit his shoulder and they believe he may have some rotator cup damage. He has an appt with an orthopedic this week so we don't know anything yet.

My question is would his employer be liable for his injuries on their property? His boss has told us since he was already off the clock they are not responsible.

I would think if any one was injured on your property that property owner would be responsible.


Asked on 7/27/08, 6:07 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Motorcycle accident on private road

The employer has no liability. The armadilla is not a dangerous confition that the employer would need to warn against even if he knew there were armadillos around.

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Answered on 7/27/08, 8:49 pm


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