Our firm recently secured a favorable summary judgment for a major home improvement retailer in a significant premises liability case. The plaintiff, a sales representative for a product supplier, alleged he slipped and fell on oil or gas while pushing a heavy cart of lumber at one of our client’s stores. The court’s decision hinged on the lack of evidence that our client had actual or constructive knowledge of the alleged dangerous condition, a crucial element under Florida Statute § 768.0755.
The court rejected the plaintiff’s argument that employees in the vicinity should have known about the condition, emphasizing that mere presence is insufficient to establish constructive knowledge. Additionally, a single prior slip-and-fall incident in a different area of the store involving a different substance was deemed insufficient to establish that the condition occurred with regularity. This ruling underscores the importance of challenging claims that lack concrete evidence of a property owner’s knowledge of dangerous conditions.
Our team’s thorough defense strategy and deep understanding of premises liability law were instrumental in achieving this favorable outcome for our client. This decision serves as a valuable precedent, reinforcing the legal standards for premises liability cases and highlighting the effectiveness of our firm’s approach in defending against such claims. The successful outcome in this case was achieved through the work of attorneys Schuyler Smith, Patricia Concepcion, and Michael Dono.