How Difficult Is It To Win A Premises Liability Case?
“Summary judgment” is a case that no plaintiff wants to hear in a personal injury case. It means that the court has determined that you don’t have a chance of winning your case, before it has even heard all the evidence from both sides, so it rules in favor of the defendant, and you walk away with nothing. Even if you do not count the cases that end in summary judgment, most personal injury lawsuits that go to trial end up with verdicts in favor of the defendant. This is especially true in premises liability cases; the public tends not to see slippery supermarket floors as negligence, even though the law sees them that way. The good news is that most cases do not go to court. If the defendant sees that your evidence is strong, there is a good chance that they will agree to pay you some or all of the damages you are requesting in a settlement. Businesses must carry liability insurance for exactly this purpose, and except in the cases of catastrophic injuries, they are usually willing and able to compensate customers injured in preventable accidents. The best way to get the money you need after being injured in a slip and fall accident is to contact a Jacksonville premises liability lawyer.
The Costco Ice Cream Spill Lawsuit
In October 2016, Dorin Trofin went shopping at Costco with his wife, and after they finished shopping, they went to the Costco food court for lunch. After placing their orders, they sat at a table in the food court to wait for their food. Ten minutes later, when the food was ready, Trofin was walking to the counter to pick it up, when he slipped on ice cream that had been spilled on the floor and got injured. According to Trofin, the ice cream spill was about the size of a dinner plate, but it was similar in color to the floor, so it was not easy to see; he did not know how long it had been there. Published sources about the case did not indicate the nature of Trofin’s injuries or the amount in damages he was requesting in his lawsuit.
Trofin sued Costco, and the court rejected Costco’s motion for summary judgment, so the case eventually went to trial. Costco argued that its employees had taken reasonable care to avoid slip and fall hazards; store policy required an employee to inspect the food court floor for spills every hour, and an employee had done this 16 minutes before Trofin’s accident. In 2019, the court ruled in favor of Costco.
Contact Douglas & Douglas About Premises Liability Cases
Customers who get injured in preventable accidents at places of business have the right to seek damages. A North Florida personal injury lawyer can help you if you suffered serious injuries when you slipped on a wet floor at a supermarket, shopping mall, restaurant, or retail store. Contact Douglas & Douglas in Jacksonville, Florida for a free consultation.