In an exciting win for Florida personal injury plaintiffs and their physicians, the state’s Supreme Court issued a recent landmark decision in the case of Worley v. Central Florida Young Men’s Christian Ass’n, Inc. The main issues in Worley were the permissibility of discovery as to who referred a plaintiff to her treating physicians and the financial relationship between those treating physicians and the plaintiff’s attorney. These hotly contested issues permeate many personal injury cases. In a very cogent opinion, the Supreme Court resolved these long-standing conflicts in favor of Florida personal injury plaintiffs by fully restoring the attorney-client privilege and making treating physician financial discovery off-limits.
As the holidays approach, many of us will be attending parties at restaurants and having parties at our homes. At most of these parties, alcoholic beverages will be served. So, what are the legal ramifications for a restaurant or homeowner if someone leaves their property intoxicated and causes serious injuries to themselves or others? Florida’s Dram Shop law, codified as Fla. Stat. § 768.125, provides only very limited scenarios under which a business or homeowner can be held liable for the tortious acts of an intoxicated person such as a drunk driver.
Under Florida’s Dram Shop law, there are only two scenarios where a business or homeowner can be successfully sued for the actions of an intoxicated person. Those scenarios are: (1) the willful and unlawful selling or furnishing of alcoholic beverages to a person not of legal drinking age; and (2) knowingly serving a person alcohol who is “habitually addicted to the use of alcoholic beverages.” Under any other circumstances, according to §768.125, a person or business who provides alcoholic beverages to someone of legal drinking age “shall not thereby become liable for injury or damage” caused by or resulting from that intoxicated person.
If you have been injured in a fall accident due to a dangerous condition, taking photographs of the accident scene is a very useful step in your pursuit of justice. Due to the chaotic nature of slip and falls, the details surrounding the accident may not be immediately apparent to an injured party. Sometimes the incident happens so quickly and it is so unexpected that the person may not be certain as to what caused them to fall. A recent decision from a Florida appeals court reinforces that even if an injured party cannot testify with certainty as to what caused them to fall, pictures of the accident scene that show a dangerous condition will get the case to a jury that can produce a prevailing outcome.
In Christakis v. Tivoli Terrace, LLC, Florida’s Fourth District Court of Appeal addressed the issue of directing a verdict in a premises liability personal injury case wherein the injured Plaintiff was not certain as to what exactly caused her fall but had strong photographic evidence. In Christakis, the Plaintiff alleged that she fell and injured herself to a dangerous condition – the Defendant’s steps. The photographic evidence in this case showed that the Defendant’s steps were damaged and in disrepair; the Plaintiff also called an expert to testify that the steps were dangerous. Despite a jury verdict in favor of the Plaintiff, the trial court entered a judgment notwithstanding the verdict in favor of the Defendant due to the fact that the Plaintiff did not testify with certainty that the damaged step caused her to fall.
They say a picture is worth a thousand words. After a slip/trip and fall, a picture can worth hundreds of thousands of dollars. Having visual evidence of the dangerous condition that caused you to fall and injure yourself can go a long way in helping you prove your premises liability case.
To successfully prove a slip/fall premises liability case in Florida, a plaintiff must
prove that the, “business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it” (See Fla. Stat. §768.0755). Actual knowledge means the business owner/employees clearly knew of the spill or actually created the spill. The other means of proving a slip/fall case, constructive knowledge, requires a showing that the business owner/employees should have known of the spill if they used due diligence in inspecting and cleaning the premises.
Welcome to the personal injury blog for The Grife Law Firm. Michael K. Grife has been fighting for the rights of injury victims in the Boca Raton, Boynton Beach, Deerfield Beach, and Delray Beach areas since 2005, and he can help you through this difficult time in your life.
Mr. Grife’s practice is entirely focused on plaintiff personal injury cases. He has experience handling just about every type of personal injury claim, including:
- Motor vehicle accidents
- Medical malpractice
- Catastrophic injuries
- Wrongful death
- Slip and fall accidents