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South Florida man killed after falling from bike due to rough ground

February 1, 2011

The Sun-Sentinel reports that 67-year-old Pablo Ocana was riding his bike on the grass along State Road 7 in Hollywood when the ground became rough causing him to fall onto the road. Before he had a chance to get up, he was struck by a station wagon and killed instantly.

The accident occurred just south of Stirling Road near the Seminole Hard Rock Hotel and Casino. Police are investigating exactly what caused Ocana to fall onto the road. It is the responsibility of the land owner to maintain the property in a safe condition and to ensure the land is free of pot holes and other potentially dangerous conditions.

The City of Hollywood Code of Ordinances §157.51 (A), states: The exterior and interior of buildings and structures shall be kept free of all nuisances, and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

• Holes, excavations, breaks, projections, obstructions, and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to or used by persons on the premises.

Apart from an auto accident claim, Ocana’s family might be able to file a claim against the landowner for failure to maintain the land. If you or your family have been injured, contact personal injury attorney Joseph M. Maus to discuss your rights.

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