FLB Law Secures Defense Verdict in Slip-and-Fall Case on Hospitality Client’s Property

FLB Law partner Robert Rhodes secured a defense verdict in a premises liability lawsuit filed against hospitality company. The plaintiff, a 69-year-old woman, alleged that she slipped and fell due to water on the floor outside a retail store located on the premises, resulting in a fractured patella. She declined surgical intervention and filed claims of negligence against our hospitality client.

The plaintiff argued that our client failed to maintain a safe environment, a claim evaluated under the standard that negligence involves conduct falling below what a reasonable person would do under similar circumstances. The court also considered whether the defendant had actual or constructive notice of any hazard.

During trial, evidence established that while buckets and warning signs were placed near a known leak, there was no indication that water from that area had migrated to the location where the plaintiff fell. In fact, the plaintiff’s fall occurred at least four walking steps from the buckets and signage. There was no evidence that the floor in that specific area had water on it for any identifiable length of time, nor that our client had actual or constructive notice of a leak or hazard in that location.

The court found that the plaintiff’s testimony did not align with the documented evidence and deemed her not to be a credible witness. Based on these findings, the court ruled in favor of the defense.

This case highlights the importance of thorough investigation and evidence-based advocacy.