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DEFENDANT’S Premises liability – Alleged dangerous slippery condition at condominium pool – Slip and fall – Head injury with cognitive impairment – Herniated lumbar disc – Ocular stroke with eye surgery.

Miami-Dade County, FL

The plaintiff was a resident of the condominium complex maintained by the defendant condominium association when he slipped and fell near the pool. The plaintiff alleged that the tile surrounding the pool was unreasonably slippery, unsuitable for a pool deck, non-compliant with various building codes/ordinances, and installed without permits by unlicensed contractors. The defendant denied the plaintiff’s allegations.

As a result of the fall, the plaintiff struck his head against the concrete edge of the pool. He was taken by fire rescue to the hospital after losing consciousness. The plaintiff was diagnosed with a concussion, and received 16 staples to the deep laceration in his head.

The plaintiff alleged – among other things – severe cognitive impairment, memory loss, various neurological issues, and claimed to have sustained an ocular stroke from the trauma, resulting in surgery to both eyes. The plaintiff additionally claimed orthopedic injuries, including herniated discs to his lower back.

The defendant argued that the condition was not dangerous, and that the fall was caused by the plaintiff’s own negligence in failing to use due caution around the pool area. The defense also disputed the injuries, which the plaintiff claimed were causally related to the fall.After deliberating for approximately 30 minutes, the jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The defendant claims entitlement to costs and attorney fees based on a proposal for settlement.

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