South Florida Personal Injury Lawyers Blog
In a recent case, the District Court of Appeals of the State of Florida Fifth District issued an opinion in an appeal involving a premises liability action arising from a slip-and-fall incident at a Wal-Mart store. The suit was between Sandra Leftwich, the Appellant, and Wal-Mart Stores East, LP (“Walmart”) and Thomas Schoendorf., the Appellees, arising from an incident where Leftwich slipped and fell in the Walmart.
Facts of the Case
The issue arose when Leftwich went to a Walmart location to shop and slipped on what she described as a clear liquid on the floor of the store. Video footage failed to capture the liquid, but an inspection of the area revealed a clear liquid on the ground after the incident. It is undisputed that Walmart had no prior knowledge of the liquid. In support of its motion, Walmart submitted the deposition of its former employee, Peterson, who was seen on the video pulling a pallet near the spill area nine minutes before the incident. The trial court’s order noted that Peterson’s pallet was not over the subject area or leaking.
In his deposition, Peterson explained that he was almost always looking on the floors for spills and debris. Given the area of the alleged spill, Peterson unequivocally testified that he would have noticed the liquid had it already been on the floor. When asked how long the spill was on the floor, he stated that it would have been there for less than ten minutes.
The trial court found in favor of Walmart, granting summary judgment and finding that Walmart did not have “constructive notice” regarding the liquid on the ground to establish that it was aware of the dangerous condition. On appeal, the burden shifted to the Appellant to come forward with counter-evidence sufficient to reveal a genuine issue. The opinion by the Fifth District disagreed with the argument by Leftwich, finding the evidence presented at trial to be lacking.
The appellate court opinion stated that the evidence presented, when viewed in the light most favorable to the Appellant, would not allow a reasonable jury to find that the dangerous condition existed for a length of time sufficient to establish constructive notice. The Fifth District affirmed the lower court decision.
Have You Suffered Injuries in Florida?
If you or someone you love has suffered from an injury in Florida, the lawyers at Friedman Rodman Frank & Estrada can help you understand your rights and the remedies available to you under Florida law. Our team of attorneys has successfully advocated for injured individuals throughout Florida for 46 years. Expenses from injuries can quickly become overwhelming, and having an experienced roster of Miami slip and fall attorneys by your side can make a world of difference for your claim. Make sure that you make the most out of your claim and get the award that you deserve. Contact our team at 305-448-8585 to schedule a free and no-obligation initial consultation with a lawy