Slip and Fall

Staying Safe by Avoiding Injuries this Holiday Season

Published on: December 24, 2021 | by Friedman, Rodman & Frank, P.A.

Because of Florida’s mild weather, it is unsurprising that many people choose to spend their winter holiday enjoying the state’s beaches and sunshine. While out and about this holiday season, it is still important to be cautious of your surroundings and environment, especially with crowds. When near water, there are often sharp rocks, poorly maintained infrastructure, or areas particularly prone to accidents or injuries taking place. To best protect yourself and your loved ones, it is crucial to stay vigilant this holiday season.

In a recent District Court of Appeal decision, the court had to consider a negligence action resulting from a slip and fall that took place on a Florida seawall dock. In the case in question, the plaintiff alleged breaches of duty by the defendant stemming from the defendant’s failure to safely maintain its premises and their failure to warn the plaintiff of the seawall’s dangerous condition. The plaintiff was using a specific part of the dock for the first time when he tripped and fell because of a divot. In response, the defendant argued that the plaintiff’s negligence was the sole cause of the accident and that they did not owe a duty to warn the plaintiff because the cracked seawall from which the plaintiff was injured was open and obvious, so the plaintiff’s knowledge was equal to or greater than the defendant’s.

The trial court granted a motion for summary judgment, stating that the divot on which the plaintiff tripped was clearly visible and should have been obvious to the plaintiff. Although the defendant technically owed a duty to warn the plaintiff and to maintain its premises safely, the open and obvious nature of the condition precluded a finding of breached duty from the defendant.

Understanding Slip and Fall Accident Lawsuits in Florida

Published on: September 23, 2021 | by Friedman, Rodman & Frank, P.A.

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.

Florida Court Nearly Throws Out Slip-and-Fall Case

Published on: July 30, 2021 | by Friedman, Rodman & Frank, P.A.

When most people visit a hotel, their main goal is to relax and unwind. They do not expect to be injured simply by walking about in their room. But unfortunately, hotels are one of the most common locations of Florida slip-and-fall accidents.

Of course, when hotels are sued, they come to court armed with a large corporate legal team. This reality can turn slip-and-fall cases into an uphill climb for injured guests. Working with a law firm with a proven track record in slip-and-fall cases can help increase the odds of winning your case.

A recent court decision demonstrated just how difficult it can be to win these cases in Florida.

Vicarious Liability in Florida Injury Cases

Published on: July 24, 2021 | by Friedman, Rodman & Frank, P.A.

Vicarious liability, or liability imputed to another party based on its relationship to the wrongful actor, can provide another avenue for a Florida injury victim to seek compensation. A recent decision from a federal appeals court illustrated an important difference between claims based on direct liability versus vicarious liability.

In the decision, issued by the 11th Circuit Court of Appeals in an appeal from the United States District Court for the Southern District of Florida, the court described the facts giving rise to the case, which took place on a cruise ship. During a ten-day cruise, a passenger fell during a dance competition on the cruise ship. The passenger claimed that her partner in the dance competition, who was a cruise ship employee, released her hands as she leaned away while doing a dance move. She claimed that as a result, she fell backward and hit her head on the deck. She was later diagnosed with traumatic brain injury because of the fall. The passenger sued the ship’s owner for negligence, alleging in part that the employee failed to act in a way that would keep the passenger safe. A federal district court originally found that the shipowner was not liable to the passenger because it did not show that the owner had notice of the employee’s allegedly negligent dancing before her injury.

However, the appeals court held that under maritime negligence law, in a claim of negligence based on vicarious liability (as opposed to direct liability), the shipowner is liable for an employee’s negligence even if the owner is not directly liable for anything that it did or did not do. The court explained that when a shipowner is alleged to be directly liable for a passenger’s injuries, such as negligently failing to properly maintain its premises, the shipowner had to have notice of the risk-creating condition. In contrast, in a negligence claim based on vicarious liability, the plaintiff does not need to prove the shipowner had notice.

Pursuing Compensation After a Florida Cruise Ship Slip and Fall Accident

Published on: September 24, 2020 | by Friedman, Rodman & Frank, P.A.

Every year, many families travel to tropical destinations aboard cruise ships for the vacation of a lifetime. With so much to do and so many opportunities to relax, a cruise sounds like the perfect option for any adventurous traveler. However, accidents can occur while on these trips. When they do, those who are responsible can be held accountable through a Florida cruise ship injury lawsuit.

In a recent federal appellate opinion, a plaintiff suffered a severe injury while on a cruise ship vacation with her family. According to the court’s opinion, on the fourth day of the trip, the plaintiff went to pick up food from the ship’s breakfast buffet. As she was returning from the buffet line, she was forced to take a detour because diners at a nearby table had rearranged their chairs. While moving around a busboy station, the plaintiff tripped over a cleaning bucket that she had not seen, suffering injuries to her shoulder and fracturing her arm. For the remainder of the cruise trip, the plaintiff was bedridden. Following the trip, she sought medical attention from various doctors and physical therapists due to her injuries. The plaintiff subsequently brought a lawsuit against the operator of the cruise ship.

At trial, the jury returned a verdict for the plaintiff with $650,000 in past general damages, $500,000 in future general damages, and $61,000 in past medical expenses, all to be discounted by 10% due to the plaintiff’s comparative negligence. The total award amounted to roughly $1.1 million in favor of the plaintiff. Following the verdict and damages calculations, the defendant persuaded the lower court to reduce the jury’s award to approximately $16,000, on the theory that a plaintiff’s recovery was limited to the amount that was actually paid for her medical treatment.

Court Finds in Favor of Plaintiff in Florida Trip and Fall Accident

Published on: September 15, 2020 | by Friedman, Rodman & Frank, P.A.

Florida premises liability lawsuits often involve a slip and fall or trip and fall. These accidents can occur at businesses, restaurants, grocery stores, hospitals, nursing homes, and public buildings. Generally, under state law, business owners and land occupiers owe invitees a duty to maintain their premises in a reasonably safe condition. Despite the law, property owners often fail to maintain their property safely and often delay making repairs or address hazards.

On the other hand, in some instances, a business owner may believe their property is safe. In these cases, the trier of fact will determine whether the property is safe under a “reasonable person” standard. In other words, the court will ask whether another similarly situated entity would act similarly or evaluate the danger in the same way. Moreover, some business owners may argue that the danger was “open and obvious.” When this occurs, the court will determine whether the condition was so open and obvious that it serves as a warning to the invitee to protect themselves from its dangers.

For example, in a recent opinion, a Florida court addressed whether a groove in the pavement in an ice cream store’s parking lot was an open and obvious hazard. In that case, a woman was navigating a parking lot to get to the ice cream shop when she tripped and fell into a groove in the pavement. The woman initiated a lawsuit against the parking lot owner, alleging that her injuries arose because of its negligence. At trial, the defendant argued that the depression in the pavement was so open and obvious that the woman should have realized its dangers and taken steps to avoid hurting herself.

Florida Court Addresses Negligence Per Se Claim in Elevator Accident

Published on: August 24, 2020 | by Friedman, Rodman & Frank, P.A.

Recently, a Florida appellate court issued an opinion addressing, amongst other issues, whether negligence per se applied in the plaintiff’s lawsuit arising after an elevator accident. The plaintiff filed a lawsuit against the owner of a two-story building after suffering injuries when stepping onto an elevator in the building. Evidently, the elevator door opened while the elevator was still several inches below the door’s entrance, causing the plaintiff to fall into the elevator. The lawsuit alleged negligence, negligence per, and res ipsa loquitor. The defendant argued that they were not negligent, the plaintiff was comparatively negligent, and the incident was not the proximate cause of the plaintiff’s injuries.

The trial court granted the defendant’s motion for summary judgment, and the plaintiff appealed, arguing that the ruling was improper because there was a genuine issue of material fact. One of the primary issues on appeal was whether the building’s owner was liable under negligence per se.

Negligence per se is a legal theory that places liability on a defendant based on their violation of a statute. The theory applies in situations where the defendant engaged in conduct that violated a statute designed to protect against the type of injury the victim suffered. Historically, negligence per se decisions stem from the violation of a statute designed to protect a specific class of people, a violation of a penal statute, or a violation of statutes designed to protect the public.

What Is an “Open and Obvious” Hazard in a Florida Premises Liability Case?

Published on: July 27, 2020 | by Friedman, Rodman & Frank, P.A.

To prevent injuries on their land, landowners must inform guests of any hidden dangers they might encounter. However, property owners will often try to escape liability by claiming the danger is open and obvious and, thus, they do not need to warn others about the hazard. The open and obvious doctrine provides that if a dangerous condition is so obvious and apparent to a reasonable person, the owner does not need to tell guests about the danger and is not liable if a person is injured after failing to notice the hazard.

A recent state supreme court case discussed whether a church was negligent after the plaintiff was seriously injured after tripping on the top step of the stairs. The plaintiff, despite previously using the steps a few minutes before, fell while carrying a casket out of the church. The plaintiff brought a premises liability lawsuit against the landowner, alleging the dangerous condition of the property caused his injury.

However, the defendant asserted that the condition of the top step was an open and obvious condition, meaning the church was not liable under a premises liability theory. The court relied on the specific facts of the case to make its determination: the top step was composed of a different material than the other steps, and the top step was an extra four inches higher than the others. Ultimately, the court concluded that because the top step’s look was different from the others, and the plaintiff had already used the steps before, the danger was open and obvious. Therefore the defendant was not liable for failing to warn the plaintiff.

Florida Premises Liability Law Protects Cruise Ship Passengers

Published on: July 9, 2020 | by Friedman, Rodman & Frank, P.A.

Everyone who gets on a cruise is hoping for a relaxing, fun-filled, and sunny vacation. However, accidents can happen during these trips, and cruise ships have a responsibility to keep their patrons safe during their stay. Incidents that occur as a result of the negligence of the ship or cruise company should never ruin a holiday, and those responsible should be held accountable for their actions.

In a recent federal appellate case, a three-year-old child was on a cruise with her family. While on an upper deck, the child climbed onto and fell from a guard rail onto the deck below, suffering serious head injuries. Although there were conflicting reports of how the accident occurred, the toddler allegedly placed her hands on the second course of the rail to sit on the lower course but lost her grip and slid through the gap. The child’s mother sued the cruise line on behalf of her daughter, arguing that the cruise line was negligent in the creation and maintenance of the guard rail and failed to warn of the danger posed. The district court ruled in favor of the cruise line, holding that there was no dispute of material fact, and that the ship did not owe a duty to the plaintiff. The plaintiff appealed.

On appeal, the circuit court reversed the lower court’s decision and sided with the plaintiff. The plaintiff argued that the guard rail posed a risk of injury to children, specifically because children were small enough to pass through the rails and fall to a lower deck. The appellate court agreed and stated that the cruise line owed a duty to protect the child from this specific type of injury. Additionally, based on expert testimony and other evidence, the court held that it was clear the ship had notice of the potential danger of the guard rail and had failed to act to cure the safety concern. Because the court found there was a genuine dispute of material fact present, the court remanded the case for further consideration.

Florida Court Sides with Man Who Was Injured in Shower Slip and Fall Accident

Published on: June 8, 2020 | by Friedman, Rodman & Frank, P.A.

In a recent ruling, a Florida court upheld a verdict in favor of a man who was injured when he slipped and fell in his shower. The plaintiff’s claim was based on the landlord’s failure to properly fix the shower drain. Evidently, the defendant landlord had been notified about the issue on multiple occasions, but maintenance workers were unable to fix the problem. One day, the plaintiff slipped in the shower and landed on a ceramic soap tray. His injury required 30 stitches, and continuous therapy. The man later sued his landlord claiming that his injury was the result of the landlord’s negligence.

Florida law states that residential landlords have a general duty to repair dangerous, defective conditions when the landlord becomes aware of their existence. If the landlord fails to correct a known hazard, they may be held liable for injuries that occur as a result of the dangerous or defective condition. In this appeal, the defendant landlord asked the court to reverse the trial court’s decision in favor of the plaintiff. However, the court refused to disturb the trial court’s decision because it found enough evidence to support the verdict.

The key issue here was proximate cause. Proximate cause is the legal concept used to determine whether a harm caused to the plaintiff was the reasonably foreseeable result of the defendant’s actions. In order to find that a defendant’s negligence was the proximate cause of an injury, the judge or jury must conclude that the injury was a natural and ordinary consequence of the defendant’s negligence. Therefore, a plaintiff must present facts that would lead a reasonable person to conclude that their injury was the foreseeable result of the defendant’s wrongful actions in order to successfully recover on a negligence claim.