Plaintiff Wins $8 Million In Slip And Fall Accident At Burger King
A Florida plaintiff was awarded $8 million for a slip and fall accident that occurred in a Burger King restroom. When it happened, it was one of the largest verdicts of its kind in Florida’s history. At the same time, Florida has been enacting tort reform legislation that makes it more difficult to file personal injury lawsuits against negligent defendants. The verdict signaled that the residents of Broward County would not allow corporate greed and negligence to impact their decision.
The award generated headlines across the state, country, and the world.
Understanding slip and fall lawsuits in the state of Florida
Property owners have a legal responsibility known as a duty of care under the law to ensure that their premises are reasonably free from hazardous conditions that could injure a pedestrian, customer or passerby. Homeowners and storekeepers who fail in this duty of care can be held liable for the resulting injuries when they are aware of the condition and fail to correct the problem.
Slip and fall lawsuits are a type of premises liability lawsuit that is filed primarily against storekeepers and proprietors. However, there are several types of premises liability actions that you can file against storekeepers and proprietors. These include:
- Construction site accidents
- Falling objects
- Toxic exposures
- Slip, trip or fall accidents
- Rotting railings
- Improper lighting
- Darkened stairwells
- Negligent security
- Swimming pool accidents
- Dog bites
Foreseeability in premises liability lawsuits in Florida
To prove liability in a slip and fall accident or any premises liability lawsuit, you must prove that the accident was foreseeable by the defendant. In some cases, this means proving that the proprietor knew about the dangerous condition on the premises and failed to remedy it before an injurious accident occurred. In other cases, you can establish that the proprietor should have known about the dangerous condition had they exercised ordinary care. Lastly, if you can establish that the proprietor created the dangerous condition on premises that led to your injury, you could establish negligence and liability in a slip and fall accident lawsuit.
In the case mentioned above, the plaintiff slipped and fell in a Burger King bathroom that had water all over the floor. A plaintiff in this case would have been required to establish that the Burger King employees knew about the dangerous condition before he entered the bathroom. Failing that, the plaintiff would have had to prove that the Burger King employees knew about the potential for the bathroom to become flooded and pose a danger to their customers. The plaintiff was successfully able to establish that Burger King had foreknowledge of the dangerous condition. This allowed him to pursue his claim and prove that Burger King was liable for the accident.
Talk to a Jacksonville FL slip and fall injury attorney today
Gillette Law represents the interests of plaintiffs who have sustained injuries from slip and fall accidents. Call our Jacksonville personal injury lawyers today to schedule an appointment and we can begin investigating your case right away.
Source:
floridatrend.com/article/37642/a-whopper-of-a-verdict/
