Large box stores service thousands of customers each day. While such stores have an obligation to take measures to prevent harm, hazards often arise that cause slip and fall accidents. While people hurt in falls in retail stores have the right to seek compensation from the party that owns the store, proving liability can be difficult. Recently, a Florida court discussed a plaintiff’s burden of proof in a case arising out of a slip and fall on a transient substance in a store. If you were hurt in a fall, it is smart to meet with a dedicated Florida premises liability attorney to assess what evidence you must produce to recover compensation.
The Plaintiff’s Harm
It is reported that the plaintiff accompanied his wife on a shopping trip to a warehouse store owned by the defendant. During the visit, he went to the freezer aisle to search for tacos for his wife. He was pushing a shopping cart when he suddenly slipped and fell, injuring his lower back. When he stood up, he observed a puddle on the floor and water leaking from the ceiling above where he fell.
Allegedly, the plaintiff testified at his deposition that he did not know how long the water was present prior to his fall and stated he did not see it before he fell. The defendant moved for dismissal via summary judgment, arguing the plaintiff had not shown that it knew or should have known of the existence of the puddle. The court ultimately denied the motion, ruling that the issue of whether the defendant violated the duty to maintain its premises in a reasonably safe condition should rest with the jury. Continue reading ›