Is a Florida Business Owner Liable When a Customer Slips and Falls on the Grass?
One of the most common slip and fall accident scenarios in Florida involves a person injured while walking on a sidewalk or through a parking lot owned by a business. If there is proof that the business owner failed to keep these areas in reasonably safe condition for pedestrians, that owner can be held financially responsible for the slip and fall victim’s injuries. But what if the injured pedestrian was injured while, say, taking a shortcut through a grassy area or some other area that was accessible to the public but not expressly designated as a walkway?
Appeals Court Tosses Jury Verdict in Resort Parking Lot Accident Case
The Florida Sixth District Court of Appeal recently confronted such a case. In Sierra Orlando Properties, Ltd. v. Allen, the plaintiff visited the defendant’s resort to attend a convention. The plaintiff parked her car in the defendant’s parking lot. The lot contained a number of grassy medians used to separate the various rows of parking spaces.
Rather than use an adjacent sidewalk when bringing her bags into the resort, the plaintiff instead decided to take a shortcut and walked through one of these grassy medians. When she did so, however, her foot got caught on what was described in court records as “the unstable lid of an irrigation box.” This caused the box to flip up and the plaintiff’s leg to fall in the resulting hole.
The plaintiff sustained injuries as a result and subsequently filed a personal injury lawsuit against the defendant. The plaintiff argued that under Florida premises liability law, the defendant was negligent in failing to properly maintain or inspect its grassy medians. Alternatively, the defendant was negligent in failing to warn patrons not to walk through them.
A jury ultimately ruled in the plaintiff’s favor. Unfortunately, the Sixth District reversed and ordered a directed verdict for the defendant. The appellate court concluded that under the evidence presented at trial, the defendant owed no legal duty to the plaintiff. Basically, the Sixth District said the defendant’s duty to keep its premises in safe condition only covered areas where the plaintiff was “invited” to travel. But here, the median she attempted to use as a shortcut “was not intended for pedestrian use.” Indeed, the Court noted there was a paved sidewalk available, which suggested the defendant did not intend or “invite” anyone to use the median to cross its parking lot.
Contact a Miami Slip & Fall Accident Attorney
Small details often make a critical difference when it comes to a premises liability claim in Florida. That is why it is essential to work with an experienced Miami slip and fall accident lawyer who can fully investigate the circumstances surrounding your injuries and advise you on an appropriate course of action for seeking compensation. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=14487590022299763315
