FLB Law Partner Prevails at Trial in Unique Premises Liability Case; Defense Successfully Refutes All Claims

FLB Law Partner Robert Rhodes prevailed in a premises liability case at trial on behalf of one of the firm’s hospitality clients. The plaintiff, an elderly woman, alleged injuries resulting from a fall while transitioning from her motorized scooter to her car in the defendant's valet area. The plaintiff contended that the defendant's failure to park her car in a covered area caused a puddle to form due to rain, causing her to slip and fall. However, the evidence presented by the defense dismantled these claims and secured a defense verdict. These included:

Parked in Covered Area: Despite the plaintiff's assertion that her car was not parked in a covered area, the defendant provided evidence, including site inspections, photographs, and testimony from the valet department manager, establishing that the car was indeed parked in a covered area at the time of the incident.

Absence of Industry Standards: The plaintiff failed to establish industry standards regarding valet parking or a duty to park cars in covered areas, undermining the basis of her claim.

Nature of Fall: Evidence revealed that the plaintiff fell forward, contradicting her claim of slipping in a puddle. This inconsistency raised doubts about the integrity of the plaintiff's version of events.

Unreasonably Dangerous Condition: The court found that even if a puddle existed, it did not constitute an unreasonably dangerous condition. Wet pavement can occur in covered areas due to various factors, challenging the plaintiff's assertion of negligence on the defendant's part.

Pre-existing Medical Condition: The plaintiff's history of neck issues and prior surgery further complicated the causal relationship between the defendant's actions and the plaintiff's injuries.

This victory highlights the importance of thorough investigation and evidence presentation in defending against premises liability lawsuits.