Elisabeth Russell sued Target Corporation claiming that she sustained injuries due to a slip-and-fall that took place at a Target store in Naples, Florida.
According to Russell, Target is liable for her injuries because the slip-and-fall was caused by Target’s negligence. The undisputed facts are as follows:
On October 27, 2012, Russell visited the Target store located at 2415 Tarpon Bay Drive in Naples, Florida.
Customer had been to that Target location 2 to 3 times a week
Prior to her fall, Russell frequented that Target location two or three times per week without incident. While in the bakery section, Russell reached for a piece of cake. She fell when her right foot slipped out from under her.
She didn’t see anything on floor that caused the fall
Before she fell, Russell did not observe anything on the floor that may have caused her to slip. Likewise, Russell did not observe anything on the floor after her fall, or at any other point in time.
Although Russell assumes that there must have been something on the floor which caused her to slip, she does not know what that substance was. Three Target employees responded to Russell after her fall. They visually inspected the floor where the incident occurred.
Target Employees Didn’t See Anything on the Floor
Each testified that they found no liquid or other objects on the floor which could have caused Russell to slip. In addition to the visual inspection after the fall, Target employees conduct routine visual inspections of the entire store floor, clean the floor daily, and clean up reported spills.
Lawsuit Claimed Target Failed to Maintain the Premises
The lawsuit claimed that Target was negligent. She claimed that Target breached its duty to:
- maintain the premises in a reasonably safe condition
- warn her of all dangerous conditions; and
- operate its business in a non-negligent manner and implement methodology which does not cause or contribute to the creation of dangerous conditions.
Target Argued That It Did Nothing Wrong
Target argued that the facts are insufficient to show any breach of a duty owed to Russell.
Claim of Negligence is Made Up of Four Elements
A claim based on negligence comprises four elements:
(1) a duty owed by the defendant to the plaintiff;
(2) breach of that duty;
(3) a causal connection between the store’s breach and plaintiff’s injury; and
(4) actual loss or damage.
The court said that the issue here is whether Target breached the duty. The lawsuit is based on Target’s duties to:
- keep its premises free of dangerous conditions and
- warn patrons of any dangerous conditions that do exist.
Need a Dangerous Condition to Find That Target Breached Its Duty
Thus, the existence of a dangerous condition is a requirement to finding that Target breached either duty.
Target argued that the facts are insufficient to allow a jury to reasonably conclude that a dangerous condition existed at the time Russell fell. The Court agreed.
Before Shopper Can Win, Facts Must Show Target Was Negligent
Before there can be recovery for a slip and fall injury, a shopper must show some negligence on the part of the defendant.
To Have Case Dismissed, Store Must Show No Substance on Floor
Where, as here, a store seeks dismissal based upon the nonexistence of a dangerous condition, it must be conclusively proven that there was no substance on the floor that was the proximate cause of a shopper’s injuries.
Once a store has provided such evidence, the burden then shifts to the guest, who must show that there is indeed a genuine issue of fact regarding Target’s alleged negligence.
Store Isn’t Negligent Just Because You Fall
Negligence may not be inferred from the mere happening of an accident alone. Therefore, a guest cannot avoid dismissal just by claiming that because she slipped, it must be assumed or presumed that there had to be something of a foreign nature on the floor that caused her fall.
Courts Have Dismissed Cases Where No One Knows Cause of Fall
Florida courts have dismissed cases in favor of a store where:
- the customer has no idea what caused her to fall;
- no other person, employee, or customer who made such an observation; and
- subsequent inspections for foreign substances or debris were negative
For example, a court dismissed a case where a customer fell in a garage of Sear’s oil change business. She wasn’t aware of anything that caused her fell.
Back to the Target case…
Customer Had No Evidence of a Dangerous Condition
Russell provided no evidence supporting the existence of a dangerous condition. To the contrary, she testified that she had no idea what, if anything, caused her to fall.
Target has provided the unchallenged testimony of three employees who inspected the area after Russell’s fall. They found no foreign substances, debris, or other dangerous condition.
Given this undisputed evidence, Russell’s testimony that there must have been something on the floor simply because her foot slipped is not enough to create a genuine issue of fact regarding Target’s alleged negligence.
Therefore, Russell cannot win on her negligence lawsuit and Target was entitled to dismissal.
Court Dismissed The Case
The court dismissed the case. The customer got nothing.
Bottom Line
You aren’t going to win your slip and fall case if you can’t show that there was something wrong with the floor that caused your fall. In this case, the guest didn’t even say that the floor was slippery.
This case is worse (for the injured person) than another case against Target that a court dismissed where the guest said that the floor was slick. In the other case, the woman said the floor’s slickness caused her fall, but later said that she didn’t know what caused her fall.
The court dismissed that case.
This article talked about Russell v. Target Corporation, Dist. Court, MD Florida 2015. A Fort Myers, Florida federal court decided this case. It issued its ruling on November 18, 2015.
Fortunately, this wasn’t my case. However, I have settled many slip and fall cases against Florida stores.
I want to represent you!
I am a Miami slip and fall lawyer. I represent people anywhere in Florida if someone’s carelessness caused their injuries in a slip and falls. I also handle many other types of accident cases.
Call Me Now!
Call me now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year.
No Fees or Costs if We Do Not Get You Money
We speak Spanish. We invite you to learn more about us.