In premises liability cases, the defendant will often argue that the plaintiff sustained injuries outside of the subject property and will often seek discovery to that effect. If a plaintiff fails to comply with discovery requests and provide the defendant with the information sought, it may result in adverse consequences. It is unlikely to constitute grounds for dismissal based on fraudulent behavior, however, as demonstrated in a recent Florida ruling. If you were hurt by a dangerous condition you encountered on someone else’s property, you could be owed damages and should speak to a trusted Florida premises liability lawyer regarding your potential claims.
The Plaintiff’s Harm
It is reported that the plaintiff visited the defendant’s restaurant in September 2015. While she was there, she went to the bathroom, and as she was washing her hands, the sink fell from the wall and struck her in her arm. She was unable to finish her meal due to the pain in her arm and went to the emergency room, where she was diagnosed with a contusion. She then filed a lawsuit against the defendant, alleging its negligence led to her injuries.
Allegedly, the defendant engaged in the discovery, including deposing the plaintiff and requesting documents, but believed that she was not fully disclosing other accidents and her treatment for prior injuries. The defendant then moved to have the plaintiff’s claims dismissed for fraud, or alternatively for sanctions. Continue reading ›