CSK Defense Team
Miami Associates Katrina Fernandez and Karina Quinteiro
Case Summary
The Plaintiff filed a lawsuit against a large retail company in Putnam County, FL, claiming that the company failed to maintain safe premises. The Plaintiff alleged that the store’s floor was unreasonably slippery and did not meet safety standards, leading to a slip-and-fall incident. The Plaintiff believed the floor had recently been refinished with epoxy, making it unsafe.
Defense Strategy
The CSK Defense Team argued that the company met its legal duties to keep the premises safe and to warn customers of hidden dangers. They presented evidence from the Plaintiff’s own testimony and store surveillance video showing that the floor was dry, clean, and free of any hazards at the time of the incident. The Plaintiff admitted there was no visible substance or maintenance activity on the floor before the fall and that their belief about the floor’s condition was based on assumption, not fact.
The defense also emphasized that there was no proof the company knew or should have known about any dangerous conditions. Florida law requires evidence that a business either created a hazard or had actual or constructive notice of it. In this case, there was no such evidence.
Verdict
The court found that there were no genuine issues of material fact and agreed with the defense, ruling in favor of the Defendant by granting summary judgment and dismissing the Plaintiff’s claims with prejudice. As a result, the Plaintiff will not recover any damages, and the company is not liable for the alleged slip-and-fall. The court also retained jurisdiction to decide on attorney’s fees and costs if requested. This decision highlights the importance of evidence in slip-and-fall cases, and the legal standards businesses must meet to ensure customer safety.
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