Over the holidays, our South Florida injury lawyers field many calls those hurt in a slip-and-fall accident. It is not always possible to avoid a slip during holidays because so many potential hazards abound. Our hope is that by highlighting them here, we can raise awareness and help people avoid…
Responsibility for sidewalk maintenance depends on where the walkways is located and what the state and municipal ordinances say about who is responsible. Sometimes it can be private property owners located adjacent to the walk or homeowners associations or businesses on which the walkway exists. On public sidewalks, though, responsibility…
Florida slip-and-fall injury lawsuits are among the trickiest in which to prevail, thanks to a high proof burden standard in this (and many other states) requiring evidence the business had actual or constructive notice of the dangerous condition that caused the plaintiff to slip. This is not to say they…
A recent Florida slip-and-fall lawsuit ended in disappointment for the plaintiff after the Third District Court of Appeal affirmed summary judgment for defendant Costco on grounds the element of actual or constructive knowledge had not been established. Florida is somewhat unique in this requirement, since the legislature in 2010 introduced…
The state supreme court in Idaho reversed a summary judgment granted in favor of a large retailer stemming from a slip-and-fall injury allegedly caused by a spill near a self-service carpet-cleaning machine rental station in the store. Justices ruled the trial court’s finding that the vendor might be liable for…
A critical element of any Florida slip-and-fall injury lawsuit is establishing actual or constructive knowledge. Florida’s slip-and-fall statute, F.S. 768.0755, requires that if a person slips and suffers injury in the fall on a transitory foreign substance in a business establishment, that person must first prove the business had actual…
Restaurants are a common site of trips, slips and falls, especially during the busy holiday season. The National Restaurant Association recommends all restaurants regularly monitor the coefficient of friction at various surfaces, replace worn or fraying carpets or mats, repair uneven surfaces on walkways, use non-slip matting in the kitchens…
According to a recent news report from the Florida Record, a woman has just filed a lawsuit against a major big box retailer for an alleged slip-and-fall accident. The incident listed in the complaint is alleged to have occurred in at a store in Orlando, Florida. The store manager and…
A slip-and-fall lawsuit plaintiff recently was handed a victory by the Alabama Supreme Court, which ruled the case should be remanded for trial because the defendant, in this case a restaurant, failed to prove the hazard in question was open and obvious. Even though this is an out-of-state case, the…
The majority of slip-and-fall lawsuits in Florida are settled prior to trial. Many commercial premises liability policies provide millions in coverage, and sometimes companies want to just settle and move on. But of course, the dynamics are different with every case, and your slip-and-fall attorney needs to be prepared to take…