In a recent case, the District Court of Appeal of the State of Florida Fifth District issued an opinion in an appeal in a slip and fall case between Dollar General, the defendant, and Kimberly Doty, the plaintiff and customer of the store. The suit resulted from an incident where the plaintiff slipped and fell as she entered the Dollar General store. On July 3, 2017, a Dollar General store in Port Orange displayed seasonal merchandise in two “U-boats”—carts shaped like hotel baggage carriers—outside the store’s entrance. When it started raining that afternoon, Dollar General employee Barbara R ..read more

In a recent case, the District Court of Appeals of the State of Florida First District issued an opinion in an appeal involving a duty to warn or duty of reasonable care liability action between a plaintiff who was a visitor in a hospital, and the defendant, the Tallahassee Memorial Hospital (TMH). The suit resulted from an incident where the plaintiff slipped on some liquid as she exited an elevator on the ground floor and sustained injuries that required her to be hospitalized. The trial court found in favor of the defendant, granting summary judgment and finding that the plaintiff failed to ..read more

In a recent appeals case, the United States Court of Appeals for the Eleventh Circuit produced an opinion for an appeal involving a summary judgment ruling in a negligence case in Florida. The plaintiff-appellant was injured when she slipped on a grape in a Wal-Mart store and she subsequently sued the defendant-appellee, Wal-Mart Stores East, LP (Wal-Mart), for negligence. At trial, after the discovery process was completed, Wal-Mart moved for summary judgment, which the district court granted, finding that the plaintiff failed to raise a genuine dispute of material fact that Wal-Mart had cons ..read more

Plaintiffs who make a premises liability or other personal injury claim in Florida are often required to testify at the trial. A victim’s testimony can be used to describe how an injury occurred or to explain the effects that an injury has had on their quality of life. In cases of injuries with no eyewitnesses, surveillance footage, or other documentary evidence of a plaintiff’s injury, the plaintiff’s testimony can be the most crucial evidence in the case. Because a jury often decides cases based on the credibility and trustworthiness of a witness, defendants will often try to smear a plainti ..read more

In a recent case, the Second District Court of Appeals in Florida issued an opinion in an appeal involving a dispute between a patron, Marvel Martin, and a restaurant, Columbia Food Service. Mrs. Martin tripped on a hexagonal piece of pavement immediately outside of the restaurant doors and contends that Columbia Restaurant was responsible for maintaining the sidewalk. Specifically, Mrs. Martin contends that Columbia had joint and shared responsibility with the City of Tampa for the pavers located around the Restaurant. Stating that Columbia Restaurant had actual possession and control of the ..read more

The Supreme Court of Florida recently approved the district court’s decision in a negligence case related to a slip-and-fall. The plaintiff sought to recover past medical expenses due to the fall on the defendant’s property. A jury awarded the plaintiff $34,642 for past medical expenses. On appeal, the plaintiff argued that the trial court abused its discretion in prohibiting her from introducing evidence of the gross amount of her past medical expenses and limiting her to raising only the discounted amounts paid by Medicare. In analyzing the case, the Court addressed the holding in Joerg v. S ..read more

Slip-and-falls and trip–and-falls are common occurrences on cruise ships and cause hundreds of injuries every year. Floridians who slip and fall or suffer another injury upon a cruise ship may bring a negligence or wrongful death claim against the responsible party. While these cases seem straightforward, they are rarely cut-and-dry, and injury victims must meet strict evidentiary and procedural requirements. Recently, the Eleventh Circuit addressed an appeal from a Florida district court stemming from injuries a cruise ship passenger suffered after slipping on a puddle of water. According to ..read more

Florida is an international hub for some of the world’s most well-known amusement parks. While various governmental entities issue guidance and regulations regarding amusement park safety, many rides pose inherent risks. Although most amusement park-goers sign release of liability waivers in the event of an accident or injury, these waivers are not iron-clad. In some instances, injury victims may still pursue claims against a negligent amusement park. Recently, a 14-year-old boy fell to his death at Florida’s ICON Park. The teenager fell from a FreeFall drop tower ride, which transports riders ..read more

Recently, an appeals court issued an opinion stemming from a woman’s injuries after falling in a Florida restaurant parking lot. According to the record, the woman and her then-boyfriend were meeting another couple at another restaurant in Naples. The man dropped the woman off in front of the restaurant while looking for parking. As the woman was looking toward the restaurants in the area, she tripped and fell to the ground. The victim could not specify what caused her fall, but it occurred around the pavers in front of the restaurant. The woman filed lawsuits against the City and restaurant ..read more

Most Florida negligence lawsuits that proceed to a trial are ultimately decided by a jury. Juries are made up of randomly selected members of the public, who are not expected to have any specific knowledge of tort law. Courts use jury instructions, which are given to the jurors before deliberation, to explain the law to the jurors, and ensure that a verdict is supported by the law. Jury instructions are determined after each side proposes and argues to the court the exact wording for instructions that will allow the jury to reach a legitimate verdict. If an instruction is given to the jury tha ..read more