Slip and Fall Accident

Florida Court Explains Establishing Constructive Notice in a Slip and Fall Case

Published on: July 5, 2021 | Lusk, Drasites & Tolisano, P.A.

Generally, a plaintiff seeking compensation for harm caused by a slip and fall accident must not only prove that a slippery substance or condition caused the fall in question but also that the defendant had notice of the condition prior to the fall. Notice may be actual or constructive, which means that the defendant should have known a dangerous situation existed based on the factual scenario of the case. Recently, a Florida court discussed whether the failure to comply with industry standards for building cruise ships provided sufficient grounds to demonstrate that a cruise company had constructive notice that its deck material was unreasonably slippery, in a case in which the plaintiff sustained injuries in a slip and fall accident. If you were hurt in a fall on someone else’s property, you should meet with a skilled Florida personal injury attorney to discuss your potential claims.

The Plaintiff’s Claims

It is reported that the plaintiff slipped and fell on a piece of watermelon when she was a passenger on a cruise ship. She suffered injuries in the fall and subsequently filed a lawsuit against the defendant, the company that ran the cruise ship, arguing numerous theories of negligence, including negligent maintenance and design. The defendant moved for summary judgment, arguing that it was not aware of the dangerous condition and therefore did not breach any duty owed to the plaintiff. The court ultimately agreed with the defendant and granted the motion.

Establishing Constructive Notice in a Slip and Fall Case

Maritime cases proceed on general principles of negligence law, and the duty owed is to exercise reasonable care towards those people who are not crew members but are lawfully on the ship. What constitutes reasonable care depends on the circumstances, and hinges, in part, on whether a cruise ship owner knew or should have known of a dangerous condition. Continue reading ›

Florida Court Explains a Plaintiff’s Burden of Proof in a Slip and Fall Case

Published on: June 26, 2021 | Lusk, Drasites & Tolisano, P.A.

Slip and fall accidents regularly occur in businesses, and in many instances, they cause substantial harm. People hurt in falls are often able to recover damages, but merely showing that a spill happened is generally not adequate to prove liability. In a recent ruling, a Florida court explained a plaintiff’s burden of proof in a slip and fall case, in a matter in which the plaintiff was ultimately denied compensation. If you were harmed in a fall, you might be able to pursue claims for your losses, and you should speak to an attorney as soon as possible.

The Plaintiff’s Fall

Reportedly, the plaintiff visited the defendant medical center to visit a friend. She was wearing flip-flops at the time and carrying bags of food and beverages. She took the elevator to the fourth floor and walked down the hall and past the nurses’ station when she abruptly fell in front of a utility room. She fractured her kneecap in the fall and subsequently filed a lawsuit against the defendant, claiming it negligently failed to address the floor, which was wet, causing her fall.

Allegedly, the case proceeded to trial, and the defendant moved for a directed verdict, arguing the plaintiff failed to show the defendant had actual or constructive notice of any spill on the floor. The court denied the motion, and the jury found in favor of the plaintiff. The defendant appealed. Continue reading ›

Court Dismisses Florida Slip and Fall Case Due to the Plaintiff’s Lack of Evidence

Published on: June 4, 2021 | Lusk, Drasites & Tolisano, P.A.

People who suffer harm in slip and fall accidents that occur in grocery stores have the right to seek damages from the party that owns the store. Generally, though, proof that a dangerous condition caused a person to fall, in and of itself, is insufficient to warrant the imposition of liability. Instead, a plaintiff in a premises liability case must demonstrate that the defendant knew or should have known that the condition existed prior to the fall. The evidence a plaintiff must produce in a slip and fall case was the topic of an opinion recently issued by a Florida court, in a case in which it ultimately dismissed the plaintiff’s claims. If you were hurt in a fall, you could be owed compensation, and it is smart to seek the counsel of a practiced Florida premises liability lawyer to evaluate what claims you might be able to pursue.

The Plaintiff’s Fall

Allegedly, the plaintiff was shopping in the defendant’s grocery store when she slipped and fell on a transient substance. During her deposition, she testified that she did not see the substance before she fell and did not know how the liquid got on the floor or how long it had been there. She also did not know whether any store employee knew of the substance prior to her fall. She did not know where the substance came from but speculated it might be from a grape.

It is reported that the defendant moved to have the plaintiff’s claims dismissed via summary judgment on the grounds that she failed to show that the defendant knew or reasonably should have known of the presence of the liquid prior to her fall. After considering the evidence produced by both parties, the court granted the motion. Continue reading ›

Florida Court Discusses Admissibility of Expert Testimony in Slip and Fall Cases

Published on: March 30, 2021 | Lusk, Drasites & Tolisano, P.A.

Many people board cruises in Florida with the expectation that they will enjoy relaxing vacations. Unfortunately, some cruise vacations are ruined by slip and fall accidents. Generally, people injured on cruise ships can pursue damages from the company that owns and operates the vessels, but they typically must prove negligence to recover damages. In some cases, a plaintiff will retain an expert to offer testimony supporting the assertion that the defendant breached the standard of care. As discussed in a recent Florida ruling, though, the expert’s opinion must meet certain standards; otherwise, it will be deemed inadmissible. If you were injured in an accident on a cruise ship, you might be able to recover compensation, and it is prudent to meet with a Florida premises liability attorney to assess your possible claims.

The Plaintiff’s Injury and Claims

It is reported that the plaintiff was a passenger on a cruise ship owned by the defendant corporation. He was walking on one of the ship’s decks when he saw a chair in the middle of the walkway. He moved to walk around and slipped and fell, sustaining serious injuries. After his fall, he noticed liquid and food on the floor. He then filed a lawsuit against the defendant, alleging a count of maritime negligence. He hired an expert as well to provide an opinion as to why he fell on a slimy liquid substance. The defendant moved to preclude the plaintiff’s expert from testifying, arguing he did not employ any reliable methodologies.

Admissibility of Expert Evidence

Under the Federal Rules of Evidence, a party that seeks to admit expert testimony must prove by a preponderance of the evidence that it is admissible. A court will engage in a three-part test to determine whether an expert report may be admitted. First, it will determine whether the expert is qualified to testify on the matter he or she intends to address. Then, the court will examine whether the methodology the expert uses is sufficiently reliable. Finally, the court will determine if the testimony helps the trier of fact to understand the evidence or determine a disputed fact through the application of specialized or technical expertise or science. Continue reading ›

Florida Court Discusses Damages in Slip and Fall Cases

Published on: January 18, 2021 | Lusk, Drasites & Tolisano, P.A.

Many people throughout Florida regularly shop at discount department stores for basic necessities. While people expect these stores to be safe, it is not uncommon for dangerous conditions to be present that unexpectedly cause them to slip and fall, and people hurt in such accidents may be awarded significant damages. The manner in which damages are calculated was the topic of a recent Florida opinion, in a case in which the plaintiff appealed a verdict in which she was granted compensation for the cost of past medical treatment but no damages for future treatment or for pain and suffering. If you are injured in a fall, it is advisable to meet with a proficient Florida premises liability attorney to determine your potential claims.

Facts of the Case

It is reported that the plaintiff was shopping at the defendant discount department store when she slipped and fell due to a puddle of water on the floor. She sustained knee and back pain as a result of the fall and was ultimately diagnosed with a dislocated patella and herniated discs. Her injuries were treated conservatively, but she continued to suffer symptoms. She was deemed an unsuitable candidate for surgery. She then filed a lawsuit against the defendant, seeking damages for the harm caused by the defendant’s negligence. The case proceeded to trial, and the jury ultimately found in favor of the plaintiff, awarding her compensation for past medical expenses. The jury declined to grant her damages for pain and suffering or future medical expenses, however, and so she appealed.

Damages Under Florida Law

On appeal, the court explained that under Florida law, there is a clear distinction between past and future damages, as past damages can be closely examined, while future losses are less certain. Thus, due to the speculative nature of future damages, the fact finder has ample discretion in determining if they are appropriate. In the subject case, the court noted that the issue of whether future damages were warranted was hotly contested throughout the trial. The court noted, however, that the refusal to grant such damages aligned with the evidence. Continue reading ›

Florida Court Discusses Liability of Corporate Officers for Accidents

Published on: December 12, 2020 | Lusk, Drasites & Tolisano, P.A.

Many retail stores are national corporations that designate executive staff to overlook each store location. Thus, if a person is hurt in an accident in a store, the question may arise as to whether the corporation, an executive officer, or both are liable for the individual’s harm. The liability of a corporate officer of a retail store for injuries sustained in a slip and fall accident was the topic of a ruling recently issued by a Florida court. If you were hurt while shopping, you might be owed damages, and you should speak to a skillful Florida premises liability attorney to evaluate your options.

The Plaintiff’s Injury and Subsequent Lawsuit

It is reported that the plaintiff was a customer at the defendant’s store when she was injured in a slip and fall accident. The cause of her fall was wine that had leaked out of a shopping basket and onto the floor. The defendant executive team leader was working at the time but did not see the plaintiff fall. He spoke to the plaintiff after the fall but denied being aware of the spill or causing the spill.

Allegedly, the plaintiff filed a lawsuit against the defendants. The defendants moved the matter to federal court, arguing that the defendant executive, who would destroy complete diversity, was fraudulently joined. The plaintiff filed a motion to remand, which the court ultimately granted.

Court Discusses Collateral Source Rule in Florida Negligence Cases

Published on: November 6, 2020 | Lusk, Drasites & Tolisano, P.A.

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.

Florida Court Discusses Cruise Ship Liability for Slip and Fall Accident

Published on: August 7, 2020 | Lusk, Drasites & Tolisano, P.A.

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.