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Articles Tagged with Slip-and-fall injury

Florida is a major tourism industry hub, drawing more than $80 billion a year. Hotels, motels, resorts and other property owners get a huge chunk of that. In return, they are expected to provide a reasonably safe space for guests. Courts have grappled with how to define this, though, and there is no clear, brightline rule. Typically, the courts will take into account the foreseeability of a certain accident or injury, based on whether it’s happened before or whether the circumstances make it likely. shower

In the recent case of Goodwin v. Al J. Schneider Co., the Kentucky Supreme Court was asked to weigh in on whether a hotel was liable for the slip-and-fall injury suffered by a guest in a shower that was not equipped with a bath mat, as showers in other suites were.

According to court records, it was not disputed that plaintiff and his wife were attending a convention in August 2011 and stayed at defendant hotel. The day after they arrived, plaintiff slipped and fell as he was exiting the shower. As a result, he suffered injury to his knee. The bathtub was equipped with a “grab bar,” but it did not have a bathmat. After the fall, staffers at the hotel provided him with a bathmat. Later, plaintiff learned from other attendees at the convention that their rooms were equipped with bath mats.  Continue reading

A retail property owner in South Florida is accused of creating a dangerous condition on the property that resulted in the traumatic brain injury and spinal cord injury of a woman in Palm Beach. ramp

According to courtroom news coverage from Courtroom View Network, plaintiff in Sumner v. Lantana Palm Beach Retail, et al., alleges that she suffered severe injuries to her head and back in a slip-and-fall accident on an access ramp while working in Lake Worth at Lantana Square.

As her personal injury attorney explained during opening arguments, the 61-year-old plaintiff was someone who was bright, energetic, caring and productive. But after the accident, she was sent spiraling into illness and depression that has consumed her life. Once a real estate agent who actually worked on site at the property, her lawyer has likened the extent of her injury to that suffered by a shaken baby.  Continue reading

Florida slip-and-fall plaintiffs suing a business for injuries have to show the defendant had actual or constructive knowledge of the substance in question. wetfloor1

Actual knowledge means defendant was actually on notice about that particular hazardous condition. Constructive knowledge means they should have known about it, either because it was a condition that occurred with regularity or it existed for such a length of time defendant would have discovered it in the course of using reasonable care.

Most of these cases rely on assertions of constructive knowledge. There are many ways plaintiffs can prove this, including by request of internal memos, work logs, time sheets, surveillance video or other elements tending to show this was a regular problem or defense didn’t use reasonable care to routinely examine the site.  Continue reading

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