terry's takes
Filtered by category: slip and fallMarch 25, 2024
5th dca, directed verdict, premises liability, slip and fall, transitory foreign substanceDoty v. Dolgen Corp, LLC d/b/a Dollar General
In this slip-and-fall case, Dollar General’s motion for directed verdict fell “far short.” One employee brought outdoor displays inside the store to get them out of the rain. She put out a wet-floor sign near the displays. When the rain stopped, a different employee brought the displays back outside and removed the wet floor sign. Plaintiff entered the store and slipped on a puddle of water inside the store. Dollar General argued that it had no constructive or actual notice of the water puddle, but a business owner has “actual knowledge” of a dangerous condition when the owner or one of its agents “knows of or creates the dangerous condition.” Here, employees created the condition by bringing the wet displays inside and then by taking away the wet floor sign. The jury’s verdict in plaintiff’s favor was affirmed.
read moreJune 30, 2023
5th dca, premises liability, slip and fallFrazier v. Panera, LLC
In Frazier v. Panera, LLC, the Fifth District Court of Appeal (5th DCA) examined a premises liability slip-and-fall case. Mrs. Frazier tripped on an unattended weighted sign base in Panera’s parking lot, leading to an appeal after Panera’s successful motion for summary judgment. The DCA emphasized two duties of landowners to invitees: (1) to warn of concealed perils, and (2) to maintain a safe environment. The court found that the sign base presented an unusual hazard not typically encountered, creating a factual issue on its "open and obvious" nature. The decision was reversed and remanded.
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