Slip and Fall Accident

When a person files a lawsuit seeking compensation following an injury, the cost of the medical care needed to treat the injury is an element of the individual’s damages. What should be considered in calculating past medical expenses was often disputed in the Florida courts until a recent ruling on the issue in a slip and fall accident case. If you were injured due to someone else’s negligence, you may be owed damages, including the cost of medical care, and should meet with a knowledgeable Florida premises liability attorney to discuss your possible claims.

Facts of the Case

Allegedly, the plaintiff was a passenger on a cruise ship when she tripped and fell over a bucket in a dining room. She suffered severe shoulder injuries for which she underwent significant treatment. She then filed a lawsuit against the cruise ship company asserting a negligence claim. Following a trial, a jury issued a verdict in favor of the plaintiff, awarding her in excess of one million dollars in damages. The trial court reduced the plaintiff’s medical damages to the amount actually paid by her insurers. The parties filed cross-appeals, with the plaintiff arguing that the district court erred in reducing the compensatory damages awarded to the plaintiff for past medical expenses from the amount the jury found to be reasonable.

Calculating Past Medical Expenses

On appeal, the court stated that the issue of how to calculate damages for past medical expenses in a maritime tort action in cases in which there is a dramatic disparity between the amount a provider bills for care and the amount an insurer pays was a matter of first impression for the court. The court noted, however, that courts throughout the Southern District of Florida disagreed as to how such expenses should be calculated.

Many people throughout Florida enjoy vacationing on cruise ships, and while cruises are generally safe, if the common areas of the ship are not properly maintained, it can lead to dangerous conditions that cause people to fall and sustain injuries. Fortunately, a person injured in an accident on a cruise ship may be able to recover damages under certain circumstances, as discussed in a recent Florida case. If you were injured while on vacation or in an accident on someone else’s property, it is prudent to speak to a trusted Florida personal injury attorney to discuss what evidence you must produce to recover compensation.

Factual History of the Case

It is reported that while the plaintiff was traveling as a passenger on a cruise ship owned by the defendant, she slipped and fell on a wet substance that was on the floor of a bathroom. She suffered knee injuries in the fall. She subsequently filed a lawsuit against the defendant, arguing it negligently permitted liquid to remain on the floor in the area where she fell. Following the close of discovery, the defendant moved for summary judgment, arguing that no reasonable jury could find that the defendant had actual or constructive notice of the condition prior to the plaintiff’s fall.

Allegedly, the plaintiff opposed the motion, arguing that the defendant should have been aware of the condition because the liquid was on the floor for a long time, there were similar incidents involving bathroom floors that were wet due to clogged toilets, and the defendant failed to inspect the bathroom regularly pursuant to its own policy. After reviewing the evidence, the court granted the defendant’s motion.

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