Slip & Fall Attorney Review of Ramsey v. Home Depot

Virtually everyone has visited a business and said “somebody is going to get hurt” from a dangerous condition.  Diving a little deeper, you may have wondered whether the owner would be liable if somebody actually becomes injured.  Your slip & fall attorney will first determine whether the danger is concealed or open and obvious.  If the danger is concealed, then the business owner has a duty to warn the public of the hidden danger, but only if the business itself knew or should have known of the concealed danger.  Alternatively, a business can be held liable for injuries that result from a failure to use ordinary care to maintain its premises in a reasonably safe condition.

Open and Obvious Hazard

In Florida, while a business owes a duty to maintain their premises in a reasonably safe condition, there is no duty to warn against an open and obvious condition which is not inherently dangerous.[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][1]  However, liability is always apportioned according to fault.  Thus, even when the danger is open and obvious, an injured party may still argue whether the condition was dangerous and whether the owner or occupier of the land should have anticipated that the dangerous condition would cause injury, despite that the danger was open and obvious.[2]

Facts

In the instant case, Gudrun Ramsey was shopping at Home Depot.  After shopping, she returned to the parking lot and tripped on a wheel stop that is common place in many parking lots.  Ramsey sued home depot for negligence claiming that home depot breached its duty to maintain the premises in a reasonably safe condition, and also breached its duty to warn of any dangerous, hazardous, and unsafe condition that existed on the property.

Choosing Expert Witnesses Wisely

Your slip & fall case can hinge on the expert witness presented.  Here, the plaintiff’s expert witness did not attest to any law, code, regulation or recognized industry standard.  Instead, he expressed his unsupported opinion of Home Depot’s failure to maintain the parking space in a reasonably safe manner.  However, the expert’s general assertion was simply not enough to allow the case to proceed to a jury.  And, no other evidence existed that would allow a jury to find that Home Depot was negligent.

Oppositely, Home Depot offered expert testimony that the wheel stop at issue was n compliance with the Americans with Disabilities Act, as well as local ordinances.  Accordingly, Home Depot was granted summary judgment, and the case ended thereafter.

Slip & Fall Attorney

Have you or a loved one been injured in a slip & fall accident in Florida?  If so, contact South Florida Slip & Fall Lawyer Matthew Sean Tucker at Tucker IP, with an office conveniently located in Fort Lauderdale.  Tucker IP serves clients throughout South Florida, including West Palm Beach, Broward, Fort Lauderdale, and Miami-Dade.  Tucker IP is a Slip & Fall Attorney Law Firm that wants to help you.  Call the Firm toll-free at 1-844-4-TUCKER or send us an email through the Firm’s website.  A firm attorney will contact you for a free consultation.

* The general information provided does not constitute legal advice and should not be used as a substitute for obtaining legal advice from an attorney.  Legal cases are in fact that of persons named in the lawsuit and the mention of an attorney herein generally represent that of the client itself. 

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