{"id":1946,"date":"2017-04-10T13:11:05","date_gmt":"2017-04-10T17:11:05","guid":{"rendered":"https:\/\/www.southfloridainjuryattorneys-blog.com\/?p=1160"},"modified":"2019-04-30T19:09:05","modified_gmt":"2019-04-30T23:09:05","slug":"florida-appellate-court-reverses-lower-courts-decision-allowing-premises-liability-case-proceed-trial","status":"publish","type":"post","link":"https:\/\/www.ceceresantana.com\/es\/florida-appellate-court-reverses-lower-courts-decision-allowing-premises-liability-case-proceed-trial\/","title":{"rendered":"Florida Appellate Court Reverses Lower Court\u2019s Decision, Allowing Premises Liability Case To Proceed to Trial"},"content":{"rendered":"

The Second District Court of Appeals recently issued a written opinion<\/a> in a premises liability case, reversing a lower court\u2019s ruling that had dismissed the plaintiff\u2019s lawsuit based on a lack of evidence that the defendant knew or should have known about the hazard that allegedly caused the plaintiff\u2019s fall. Specifically, the appellate court held that the lower court was improper to base its decision on the credibility of the plaintiff\u2019s expert witness.<\/p>\n

The Facts of the Case<\/strong><\/p>\n

The plaintiff slipped and fell after he stepped in a puddle of oil that had formed near an elevator on the defendant\u2019s property. The plaintiff explained that he did not see the puddle before he stepped in it, but after he got up, he noticed that it was coming from underneath the door to the elevator service closet.<\/p>\n

The plaintiff\u2019s fall was reported, and the defendant called an elevator technician to fix the leak. The technician determined that the leak was due to a faulty seal and that the oil was dripping at the rate of one drip every two seconds. The technician noted that the puddle was approximately\u00a0four feet by five feet, and about a quarter of an inch deep. The technician did not know how long the puddle had been there; however, the elevator had been serviced three days before,\u00a0and there was no leak at that time.<\/p>\n

<\/p>\n

The plaintiff filed a personal injury lawsuit against the defendant, claiming that it was liable for his injuries because it failed to maintain a safe premise or, alternatively, failed to warn him about a known hazard. The plaintiff had a mechanical engineer testify that, given the rate of the leak and the size of the puddle, the leak had started at least 24 hours before the plaintiff\u2019s fall.<\/p>\n

The trial court refused to consider the plaintiff\u2019s expert\u2019s testimony, explaining that he was not an elevator expert and that his opinion was \u201cweak.\u201d The trial court then granted the defendant\u2019s motion for summary judgment.<\/p>\n

The plaintiff appealed, arguing that it was an error for the lower court to refuse to consider the expert\u2019s testimony. The appellate court agreed. The court explained that in\u00a0a motion for summary judgment, witness credibility is not at issue. The question is whether sufficient evidence exists to create a material issue in the case. Here, the court held, the plaintiff\u2019s expert\u2019s testimony did create a material issue that should have been presented to the jury. Thus, the court held that dismissing the case was improper.<\/p>\n

Have You Been a\u00a0Victim of a South Florida Slip-and-Fall Accident?<\/strong><\/p>\n

If you or a loved one has recently been a\u00a0victim of a slip-and-fall<\/a> accident in the South Florida area, you may be entitled to monetary compensation. The skilled personal injury attorneys at the law firm of Cecere Santana have extensive experience assisting clients with seeking\u00a0the compensation they deserve. Call 800-753-5529 to schedule a free consultation with an attorney today.<\/p>\n

More Blog Posts:<\/strong><\/p>\n

$9.3 million Verdict Awarded to Victim in Motorcycle Accident<\/a>, Cecere Santana Injury Lawyers Blog, published March 9, 2017.<\/p>\n

Failure to Follow Procedural Rules May Result in Delay or Dismissal of Florida Personal Injury Cases<\/a>, Cecere Santana Injury Lawyers Blog, published March 2, 2017.<\/p>\n","protected":false},"excerpt":{"rendered":"

The Second District Court of Appeals recently issued a written opinion in a premises liability case, reversing a lower court\u2019s ruling that had dismissed the plaintiff\u2019s lawsuit based on a lack of evidence that the defendant knew or should have known about the hazard that allegedly caused the plaintiff\u2019s fall. Specifically, the appellate court held … <\/p>\n

Continue reading “Florida Appellate Court Reverses Lower Court\u2019s Decision, Allowing Premises Liability Case To Proceed to Trial”<\/span><\/a><\/p>\n

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