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Jan 2009: Slip-and-fall lawsuit
filed against Lakeshore Club
Press/media/reporters click HERE for a statement
Click
HERE for a
copy of the complaint (lawsuit)
Adobe PDF Reader is required
to read the above file
Current Status
At the February 11 meeting on the
lawsuit, it was decided to defend the lawsuit. Since then,
in addition
to the many informal legal resources at hand, the club has hired a firm
that specializes in slip-and-fall law. Please understand that details cannot be
discussed in an open forum until this matter is resolved.
How you can help
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1.
Renew your dues
(only $25). Click HERE to
pay now. This is voluntary if you don't use the ramp,
mandatory if you do.
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2. Consider an
extra donation of $100, if your situation allows that.
Everyone understands that these are tough times and that not
everyone can spare $100. If 1/3 of the residents make this
donation, the club will have a substantial legal fund to draw from.
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3. Go door-to-door
and ask your neighbors nicely if they have renewed their dues
and to consider a legal fund donation. This doesn't cost
anything AND it helps SO MUCH. If they have already
renewed/donated, please thank them profusely.
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4. Tell your
neighbors about lakeshoreestates.info
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Thank you for
considering this voluntary request
If you have a suggestion,
please
More Details
The Feb 11 meeting drew between
100 and 150 people - a truly overwhelming turnout. It shows that
the community cares about the future of the club. Many ideas were
presented and proposals were made and those were addressed in further
detail at the later meetings. Watch this web site for the meeting dates.
The club has rallied in
the past to build a new ramp, put on a new roof, build a playground,
implement ramp access control and funding, new doors and windows and
more. The club has rallied once again as shown by the turnout.
Allegations Made
On Dec. 19, 2008, Shawn
Hiles has filed a negligence complaint against Lakeshore Club Inc. in
Pinellas County Circuit Court. Plaintiff alleges he was injured by
slipping and falling in the bathroom of the clubhouse at a birthday
party last October, hosted by his sister Tracy.
The complaint says:
"SHAWN HILES, was
attending a birthday party at the recreation center and was lawfully on
the premises of the Defendant, LAKE SHORE CLUB, INC. While at the
recreation center, Plaintiff, SHAWN HILES, went to the restroom to
utilize the facilities. While in the restroom he slipped and fell on a
foreign substance on the floor which he
believed to be water.
9. The Defendant owed a duty to its guests, including the Plaintiff, to
maintain the
premises in a reasonably safe condition for the use of its guests and to
warn its guests of any known hazards or any hazardous conditions which
the Defendant knew or reasonably should have known through the exercise
of reasonable diligence.
10. The Defendant breached its duty of care to the Plaintiff in one or
more of the
following respects:
a. In failing to maintain the floor and surrounding areas
in a reasonably safe condition.
b. In failing to regularly inspect the floor.
c. In failing to keep the premises free of foreign objects
and debris when they knew or should have known that
persons, such as the Plaintiff, would enter the
premises.
d. In failing to exercise reasonable care for persons such
as the Plaintiff, who were invited on the premises so
as not to create hazards which they knew or should
have known would likely cause injury to the Plaintiff
and others.
e. In failing to warn the Plaintiff and others similarly
situated of the existence of the perils and dangerous
condition.
11. At said time and place, the slippery and unsafe condition of the
floor constituted a
dangerous condition of which the Defendant knew or should have known and
should have corrected"
What has been demanded
The plaintiff's attorney
has offered to settle for $75,000 if paid within 60 days.
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