Slip and Fall Accident

Florida Court Analyzes Liability for Harm Caused by Open and Obvious Conditions

Published on: December 20, 2021 | Lusk, Drasites & Tolisano, P.A.

Generally, business owners can be held liable for harm caused by dangerous conditions encountered on their property. There are some exceptions, though, such as when a hazard presents a blatant danger. In a recent Florida ruling, a court explained a property owner’s duties in the context of open and obvious conditions. If you suffered injuries in a fall on another person’s property, it is smart to meet with a Florida personal injury lawyer to discuss what evidence you may need to establish liability.

The Facts of the Case

It is reported that the plaintiff visited the defendant’s boathouse to have his boat serviced. He went to the dock to board the boat and stepped on the sea wall. Unfortunately, he stepped on a divot, which caused his foot to go out from beneath him. He subsequently fell and suffered injuries. He then filed a lawsuit against the defendant, alleging its negligent failure to remedy the defects in the sea wall led to his harm. The defendant moved for dismissal via summary judgment, and the court granted the defendant’s motion, but the plaintiff appealed. On appeal, the trial court ruling was reversed.

Liability for Harm Caused by Open and Obvious Conditions

On appeal, the main question was whether the defendant was liable for the plaintiff’s harm when the condition that caused his injury was open and obvious. The court explained that typically, a business owner has no duty to protect a customer entering their property from dangers that are known to them or are so apparent and obvious that they may be reasonably anticipated to discover them. Continue reading ›

Florida Court Discusses Constructive Notice in Slip and Fall Cases

Published on: December 10, 2021 | Lusk, Drasites & Tolisano, P.A.

Spills are common at gas stations, and unfortunately, are often the cause of slip and fall accidents. While people hurt in falls at Florida businesses can often recover compensation, merely because a fall occurred does not necessarily mean that the property owner will be deemed liable. Instead, as shown in a recent Florida ruling, the injured party must show that the property owner either knew or should have known that the condition that caused the spill existed but failed to remediate it. If you were hurt in a fall at a business in Florida, it is smart to contact a Florida slip and fall attorney to discuss what evidence you must produce to recover damages.

The Plaintiff’s Injury

It is alleged that the plaintiff stopped at the defendant’s gas station to put fuel in her car. She parked and went inside the station to pay for her gas. Surveillance footage showed that when she was inside, a car drove by and left a puddle of liquid. The plaintiff exited the station and slipped and fell in the puddle. She suffered multiple fractures in the fall, which required surgical repair.

Reportedly, the plaintiff filed a lawsuit against the defendant, alleging its negligence led to her fall and subsequent harm. The case proceeded to trial, and following the close of the plaintiff’s case, the defendant moved for a directed verdict. The court denied the motion, and the jury issued a verdict in favor of the plaintiff, awarding her substantial damages. The defendant appealed. Continue reading ›

Florida Court Discusses Expert Testimony in Personal Injury Matters

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

While expert testimony is not required in most personal injury cases, it is generally permissible. A party that seeks to introduce an expert must show both that the expert possesses the qualifications needed to offer an expert opinion and that the expert employed reliable methodologies in developing the opinion in question. If a party fails to establish these elements, its expert may be precluded from testifying on certain issues, as demonstrated in a ruling recently issued in a Florida matter arising out of a slip and fall accident on a cruise ship. If you were injured in a slip and fall accident, it is advisable to speak to a knowledgeable Florida premises liability attorney to evaluate what evidence you must produce to recover damages.

The Plaintiff’s Harm

It is reported that the plaintiff was a passenger on a cruise ship owned by the defendant when she slipped and fell on a wet substance on the lido deck. She suffered injuries in the fall and subsequently instituted a lawsuit against the defendant, alleging in part that the accident was the direct and proximate outcome of the defendant’s failure to reasonably maintain the floor in the lido deck area.

Allegedly, the plaintiff retained an expert to conduct an engineering analysis of the area where the fall occurred and to offer testimony that the defendant had actual or constructive knowledge of the dangerous conditions that led to her fall and the defendant’s failure to comply with industry standards. The defendant moved to preclude the plaintiff’s expert from testifying, arguing that he was not qualified, his opinions were not helpful to the trier of fact, and they were not derived using reliable methods. The plaintiff opposed the motion. Continue reading ›

Florida Court Explains Liability for Slip and Falls Caused by Transitory Substances

Published on: September 17, 2021 | Lusk, Drasites & Tolisano, P.A.

Slip and fall accidents are one of the most common causes of personal injury. Parties who sustain injuries in falls can seek damages from the owner of the property where the fall occurred. Proving liability can be challenging, though, depending on what triggered the fall. In a recent Florida opinion in which the court granted summary judgment in favor of the defendant, the court discussed what evidence a plaintiff must produce to prove liability for a slip and fall accident that was caused by transient substances. If you were hurt in a fall in a store, you should contact a Florida premises liability attorney to assess your options for seeking compensation.

The Plaintiff’s Fall

It is alleged that the plaintiff was walking through an aisle at the defendant store when she slipped and fell. After she got up, she observed an orange liquid on the floor. She sustained injuries in the fall and subsequently filed a premises liability lawsuit against the defendant. During her deposition, the plaintiff testified that she did not know how long the liquid had been on the floor or how it arrived there. Further, she stated it was free from any tracks other than those caused by her shoe, and she did not see any dirt marks.

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

Published on: August 27, 2021 | Lusk, Drasites & Tolisano, P.A.

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 ›

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 ›