Rebecca V. Aroca, a partner in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A., represented a large retailer in a slip and fall matter. The plaintiff claimed a knee injury after walking through the produce section of the store and slipping on water. Plaintiff failed to notify the store of the fall until the next day. Additionally, there was no camera coverage in the area. The defense took his deposition and secured valuable testimony that there was no evidence of how long the puddle had been on the ground.
Even without video footage that depicted the fall, the defense argued that there were a lack of prior incidents in the area or evidence of the length the puddle had been on the floor. The defense successfully defended their corporate representative in deposition, and although the fall took place six years prior, secured valuable testimony in their defense.
The defense filed a motion for final summary judgment arguing that plaintiff lacked sufficient evidence to prove that the water had been present for a lengthy period of time. The Broward County judge agreed and found that the retailer did not have actual or constructive notice of the substance under the new summary judgment standard. Final Judgment is pending. Read more HERE.