If you are injured in a slip and fall accident in Florida, it is crucial that you know what options you have to recover. Should you decide to file a personal injury claim, there are various laws that may apply to your case. Because Florida is one of the few states with detailed slip and fall laws, potential plaintiffs are advised to hire an experienced slip and fall or personal injury lawyer to assist them with navigating their lawsuit.
In a recent District Court of Appeal decision, the court considered a slip and fall injury that took place in a Winn-Dixie grocery store in Florida. The plaintiff filed a negligence action against the defendant, Winn-Dixie, alleging that she suffered injury after slipping on liquid detergent on the floor of the grocery store. According to the plaintiff’s testimony, there were no footprints in the detergent, and she had no knowledge of how long the detergent had been on the floor or whether any employees knew of the spill. A Winn-Dixie store manager testified that five minutes before the incident, an employee had checked the area. The lower court granted summary judgment in favor of Winn-Dixie, finding that the plaintiff failed to establish that the defendant had actual or constructive notice of the condition.
On appeal, the plaintiff argued that the lower court erred in granting summary judgment to the grocery store because discovery was ongoing and there was an abuse of discretion. The District Court of Appeal disagreed and found no abuse of discretion. Because trial courts can grant a motion for summary judgment despite the pendency of discovery, the lower court did not err in its decision.