If you trip and fall on a dangerous condition in a Florida store, you may have a case. Your claim would be to get money for your damages.
This article focuses on trip and fall claims against Florida stores. I wrote a separate article on personal injury claims from a slip and fall at a Florida store.
Trip and fall cases against Florida stores are very similar to slip and fall cases. The big difference is that trip and falls involve catching your foot on something and stumbling or falling.
A slip and fall involves sliding unintentionally for a short distance, typically losing one’s balance or footing. Let’s take a look at an actual Florida Walmart trip and fall case.
Let’s look at some actual Florida store trip and fall cases.
Babalola vs. Wal-Mart Stores East, LP d/b/a Wal-Mart Supercenter Store #1390, Dist. Court, MD Florida 2015
Babalola vs. Wal-Mart Stores East, LP d/b/a Wal-Mart Supercenter Store #1390, Dist. Court, MD Florida 2015 is an appeal of a lawsuit where a customer sued Walmart for causing his trip and fall on plastic.
The court determined that genuine issues of material fact exist regarding maintaining the premises in a reasonably safe condition and whether Babalola was comparatively negligent, the Court denied summary judgment. Learn more about this trip and fall on plastic claim against a Walmart in Pinellas County, Florida.
This means that the court refused to dismiss the case.
Bridgett Songin v. Publix Super Markets, Inc. (June 5, 2014)
A lady was shopping at Publix Supermarket in West Palm Beach, Florida. She claimed that she was walking to the bathroom when she tripped on a raised part of a rug and fell.
Publix denied liability. They placed blame on her for not being aware and not using more care while walking. Publix allegedly argued that her injury was not casually related to the fall.
The shopper claimed that Publix’s last offer was $250,000. The jury found that Publix was not negligent.
Learn more about Publix trip and fall cases in Florida.
Wolf v. Sam’s East, Inc., 132 So.3d 305, 306 (Fla. 4th DCA 2014).
Wolf was an appeal involving a trip and fall claim against Sam’s Club. The appeals court held that open and obvious danger doctrine prevents recovery of damages where the invitee departs from designated walkways to walk across landscaping areas not designated for invitees to walk on or through.
However, in Florida, an invitee may have a case if he or she was walking on a designated walkway obstructed by tree roots and other landscaping features. Wolf v. Sam’s East, Inc., 132 So.3d 305, 306 (Fla. 4th DCA 2014).
DeCruz-Haymer v. Festival Food Mkt., Inc., 117 So. 3d 885, 888 (Fla. 4th DCA 2013)
DeCruz-Haymer is an appeal from Paulette De Cruz-Haymer’s lawsuit against Festival Food Market. Festival was doing business as Bravo Supermarket.
Paulette and her husband, Linden Haymer, went to Bravo to buy groceries. The store had only one public entrance and exit.
When Paulette exited the store, holding a bag with two soda bottles, she tripped on the mat and fell. Linden testified that the hump in the mat occurred when the employee laid the mat down, as opposed to some invitee rumpling it as he or she was entering or leaving.
Read more about this case, where a supermarket customer tripped on a “humped” mat and fell in Florida.
Robert Woosley vs. Publix Supermarkets, Inc. (2011)
While at a Fort Myers, Florida Publix Supermarket, Woosley claimed that he tripped and fell over a box. He claimed that Publix was negligent in allowing an object blocking the doorway to the electrical room should not have been there.
The jury returned a defense verdict. Woosely got nothing.
Shopper Wins Trip and Fall Over Display at Big Lots Lawsuit
Gloria de Diaz filed a personal injury lawsuit against Big Lots claiming injuries due to a fall at a Big Lots store. Big Lots defended the lawsuit claiming that Diaz’s injuries were from pre-existing arthritis and/or intervening causes.
Following trial, the jury found in Gloria de Diaz’s favor and awarded her past medical expenses and damages for past pain and suffering.
The jury did not award damages for her future medical expenses or future pain and suffering, and did not award damages to her husband for loss of consortium.
The appeals court said ordered a new trial on future damages because the Diaz proved that she would have future medical expenses, pain and suffering. Learn more about this case and slip, trip and fall claims against Big Lots stores in Florida.
The case is Big Lots Stores, Inc. v. de Diaz, 18 So.3d 1065, 1068 (Fla. 3d DCA 2009).
$35,000 Settlement for Trip and Fall Over a Container in a Miami, Florida Store
My client claimed that she fractured her foot after she tripped on a container that was in the middle of an aisle in a Miami, Florida store.
She fractured her foot. I settled the case for $35,000.
Trip and Fall Over Rug Settlement (My Case)
My client claimed that she tripped over a rug that was sticking out in the aisle in a Miami Publix. She hurt her knee, ankle and wrist.
We settled her case with Publix.
Aaron v. Palatka Mall, L.L.C., 908 So.2d 574, 576–77 (Fla. 5th DCA 2005)
Aaron sued Palatka Mall, which was doing business as Interlachen Mall. She was going to a store.
She tripped on a parking bumper that she did not expect to be there. She fell and was hurt.
Aaron said that it was raining and there was poor lighting. The appeals court said that under these facts and circumstances, a jury should decide whether the parking lot bumper was a dangerous condition that was open and obvious.
The appeals court also said that Palatka Mall had a duty to maintain the premises in a reasonably safe condition.
Learn more about the Aaron case, which explains the obvious danger doctrine in a Florida trip and fall case.
Shopper’s Trip and Fall on Stock Cart at Florida Publix Allowed to Go to Trial
In Fenster v. Publix Supermarkets, Inc., 785 So. 2d 737, 739 (Fla. 4th DCA 2001), a Florida Publix shopper’s case was allowed to go to trial where she tripped over a stock cart and fell. She assumed they would move it.
Some common causes of trip and falls in supermarkets are:
Tripping on an unsecured electrical cord
Electrical cords are hazards. A shopper may trip on an electrical cord and fall. Electrical cords should be fastened to the floor.
They should be marked so that they are obvious. In the above picture, the electrical cords are in sharp contrast to the floor. If this were a trip and fall case, the defense may argue that the electrical cords are open and obvious. The adjuster may decrease the full value of the Florida trip and fall injury claim for the color contrast.
Other supermarket trip and fall claims may arise from:
- Rugs that are not secured to the floor. Perhaps the rug is bunched up and a few inches off the ground.
- A box or can that fell from a shelf or shopping cart
If you are a customer and you trip and fall over something at a store, then you still have to show that they knew or should have known that the thing that you tripped over was there before you fell. Store video can make or break your case.
You often will not get to see the video until your file a lawsuit against the supermarket. You should still take pictures of the object that caused your fall.
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