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SUMMARY JUDGMENT FOR DEFENDANT Premises Liability – Slip and fall inside mall – Alleged failure to clear rainwater from floor – Lumbar disc herniation with surgery

Pasco County, FL

The plaintiff claimed that the defendant mall negligently allowed water to exist on the mall’s floor, causing her to slip and fall. The company responsible for maintenance at the mall was also named as a defendant. The defendants denied notice of the alleged wet condition.

The plaintiff claimed she was injured after a slip and fall inside the defendant’s mall on a rainy day. The plaintiff argued that evidence showed that the defendant was aware that guests had tracked water into the mall during rainstorms on previous occasions.

The plaintiff claimed that the fall caused a lumbar disc herniation which required decompression and fusion surgery.

The defendants relied upon Florida’s slip and fall statute, section ________.________ (________), to argue that the plaintiff failed to prove that the defendant had actual or constructive notice of water being on the floor. The plaintiff fell approximately 40 feet inside the mall, and defendant’s employees responded and discovered no water.

The plaintiff testified that she never saw water on the floor before or after the fall, and was unaware of where the water originated, and how long the puddle was on the floor.The court granted the defendants’ motion for summary judgment.

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