Fort Myers slip and fall attorney

Published on: June 4, 2024

In Fort Myers Slip-and-Fall Lawsuits, Witness Statements May Be Key

Fort Myers slip and fall lawyer Witnesses can play a pivotal role in any Florida personal injury case – and that includes Fort Myers slip-and-fall lawsuits (also known as Premises Liability lawsuits). Sometimes with the ubiquitous presence of security and cell phone cameras, it’s easy to forget that the firsthand accounts of other people can be invaluable in helping us reconstruct what happened and who was at-fault.

Even with video evidence, some of the strategic reasons Fort Myers slip-and-fall injury attorneys will present witness testimony of an incident:

Corroboration. A witness – particularly one that has no connection to the plaintiff/injured person – can back up the plaintiff’s story. This not only bolsters the plaintiff’s credibility, but also strengthens their case by providing additional evidence of the defendant’s negligence. Judges and jurors are going to be more convinced of the testimony you’re providing if multiple other witnesses are consistently saying the same thing.
Observations you may have missed. When a person is seriously injured, their focus in that moment can sometimes narrow to the pain point. This might cause them to miss key bits of information that might prove crucial to the case. Witnesses can help fill in the blanks.
Establishing actual or constructive knowledge. Florida slip-and-fall claims aren’t easy to win. F.S. 768.0755, Florida’s slip-and-fall statute, requires evidence that the defendant/property owner had actual or constructive knowledge of a dangerous condition on site and failed to take action to remedy it. It should noted that this statute affects only cases when a transitory foreign substance is involved- The witnesses are sometimes even employees of the defendant – sometimes provide this evidence by detailing their actual knowledge of the hazard (ex: “I saw the spill and told my manager, but nothing was done to fix it or warn customers”) or testimony that the condition had existed for some time or occurred with regularity (thereby establishing constructive knowledge).

To be useful in a Fort Myers slip-and-fall case, eyewitness testimony needs to come from a person with firsthand knowledge of relevant events, a good memory, a consistent story and decent credibility. They must also be willing to testify in court. While written statements can be helpful to your lawyer’s investigation, they may be considered inadmissible in court as hearsay without the witness’s willingness to swear to it under oath.

Recent Florida Slip-and-Fall Case Underscores Importance of Witness Testimony

Published on: September 27, 2021

Florida Premises Liability Case: Treat Shop Should Anticipate Tripping Hazard

by Leland Garvin

Florida premises liability lawyer In any Florida premises liability case, the question of whether the defendant is responsible for the harm someone else suffered on their property often depends heavily on the unique circumstances of the case. Sometimes, that circumstance is a giant ice cream cone.

See: Greene v. Twistee Treat USA et al., recently before Florida’s Second District Court of Appeal.

Normally, people have an obligation to watch out for potential hazards when they’re on someone else’s property. They have a duty to avoid any open and obvious dangers. But that does not excuse property owners (businesses in particular) from their duty to anticipate potential dangers – even if they are open and obvious – and to warn guests of them. This is especially true if the property owner could have anticipated that the patron would be distracted or that it would have been so long since the last time they saw the hazard that they could have easily forgotten it.

In the case of the Twistee Treat tripping hazard, the 2nd DCA ruled that the “novel architecture” of the ice cream shop itself could be distracting enough that patrons might be forgiven not noticing/avoiding some hazards as they approach. Continue reading

Published on: June 30, 2021

Does Florida Have a “Wet Floor Sign Law”?

by Leland Garvin

Fort Myers wet floor sign Wet walking surfaces are a top cause of slip-and-fall injuries in Florida. But are businesses required to post a “wet floor” sign to warn you?

A wet floor sign may indeed play a big role in the strength of your case, but the simple answer to the question about whether Florida has a “wet floor sign law” is no.

As a Fort Myers slip-and-fall injury attorney, I have successfully handled many of these premises liability claims. It is important to understand that these cases are often more complicated than they may initially appear. The outcome will depend heavily on the factual circumstances. The presence (or lack thereof) of a wet floor sign is just one of those. Continue reading