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Articles Posted in Trip and Fall

Cruises are a time for relaxation and fun. However, cruises can often turn into a nightmare when someone is injured onboard the ship. When this occurs, an injured party can bring a Florida premises liability lawsuit against the cruise company alleging that the company is responsible for the dangerous condition that caused their injury. In a recent case, a Florida court was tasked with deciding whether a cruise ship could be held liable for a plaintiff’s injuries on the ship. Ultimately, the court concluded that the cruise ship was responsible because the employees knew about the dangerous condition that led to the plaintiff’s injuries.

According to the court’s opinion, the plaintiff was on the fourth day of a Caribbean cruise when she sustained significant injuries to her shoulder. As she returned from the buffet line, the plaintiff was forced to take a step toward the food station where she tripped over a cleaning bucket. She spent the remainder of the cruise bed-ridden and still suffered from constant pain months after the accident. The plaintiff filed a lawsuit against the cruise line, claiming it did not keep its ship safe for guests. Ultimately, the court decided that the defendant could be held liable for the plaintiff’s injuries under a premises liability theory.

Because the plaintiff was injured on property that was not her own, the cruise line had a legal obligation to keep the premises safe. This means that it must protect the guests from any unforeseeable harm. In bringing a premises liability lawsuit, a plaintiff must prove that a defendant knew or should have known that a particular hazard existed. In cases where the defendant is the owner, or is the company itself, the knowledge of a dangerous condition can also be attributed to an employee and their actions. This is because owners assume liability for the actions of their employees while they are on the job.

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.

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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.

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