South Florida Personal Injury Lawyers Blog
In a recent case, the District Court of Appeals of the State of Florida Fifth District issued an opinion in an appeal involving a premises liability action arising from a slip-and-fall incident at Joe’s Crab Shack, the defendant. The plaintiff, Jose Duran, dined at Joe’s Crab Shack, and on his way out, slipped and fell. Duran filed suit seeking damages for the injuries sustained from the fall that he claimed resulted from Joe’s Crab Shack’s negligence.
Facts of the Case
Duran and two out-of-town friends went to lunch at Joe’s Crab Shack in Daytona Beach, Florida on March 11, 2018, a busy Sunday afternoon at the restaurant. As Duran was leaving, he slipped and fell in something wet, which he believed to be a “brownish” liquid. Duran fell several feet away from the kitchen door where servers bring drinks on a tray to be served to patrons. John Calo, a regional director for Joe’s Crab Shack who noticed Duran as he entered the restaurant because Duran had a “labored” and “extreme” gait, estimated Duran fell approximately twelve feet from the kitchen door, in the general walkway “in the dining room” area. The record makes clear this location is a high-traffic area heavily traversed by both customers and employees alike because it is a main pathway for customers entering and exiting the dining area of the restaurant.
Duran filed suit seeking damages for the injuries sustained from the fall that he claimed resulted from Joe’s Crab Shack’s negligence. Ultimately, the restaurant moved for summary
judgment, arguing Duran was unable to meet his burden of establishing that the restaurant had actual or constructive knowledge of the presence of the substance that caused his fall.
Following a hearing, the trial court granted the motion and entered final summary judgment in favor of Joe’s Crab Shack. Duran then filed a timely appeal.
On appeal, the appellate court established that there was no genuine dispute of any material fact. As Duran was unable to establish that Joe’s Crab Shack had either actual or constructive notice of any substance purportedly causing his fall, as required by Florida law, the appellate court affirmed the trial court’s final summary judgment in favor of Joe’s Crab Shack.
Have You Suffered Injuries in Florida?
If you or someone you love has been injured in a Florida slip and fall accident, the lawyers at Friedman Rodman Frank & Estrada can help you understand your rights and the remedies available to you under Florida law. Our team of attorneys has successfully advocated for injured individuals throughout Florida for 46 years. Expenses from injuries can quickly become overwhelming, and having an experienced roster of attorneys by your side can make a world of difference for your claim. Make sure that you make the most out of your claim and get the award that you deserve. Contact our team at 305-448-8585 to schedule a free and no-obligation initial consultation with a lawyer at our office.