Silvers v. Wal-Mart Stores, Inc., 826 So. 2d 513 (Fla. 4th DCA 2002) is an appeal of a lawsuit by Ruth Silvers against Wal-Mart Stores, Inc. The District Court of Appeal of Florida, Fourth District issued its ruling on September 25, 2002.
Florida’s 4th DCA handles appeals from Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee Counties. I assume that the slip and fall happened in one of those counties. This is because you usually have to sue Walmart in the county where the fall happened.
The 4th DCA is located in West Palm Beach, Florida. This case is still good law, which is why I am writing about it.
A Tamarac, Florida lawyer represented Silvers. North Palm Beach lawyers of Vernis & Bowling represented Wal-Mart Stores, Inc.
This is not my case, however I have had many Florida slip and fall settlements. Silvers, in this slip and fall case, and appeals a directed verdict in favor of Walmart.
The appeals court conclude that she established a prima facie case of negligence and reverse. This means that the appeals court said the the trial court should not have ruled that Walmart won the case.
According to plaintiff it was raining on the day she went into Wal-Mart and, on her way toward the carts, she slipped and fell. She said that there was water on the floor and that the shopping carts were dripping wet.
As part of her case she introduced an answer to an interrogatory (written question answered under oath) in which Wal-Mart stated that maintenance personnel were mopping the floor at the time of the incident and had placed cones in the area.
Tip: If Silver saw or should have seen the Walmart employee mopping or the cones in the area, then the full value of her case is reduced for settlement purposes because fault will be placed on Silver.
After Silver’s attorney had finished presented Silver’s case at trial, the trial court ruled that the answer to the interrogatory was not admissible as substantive evidence and directed a verdict in favor of the Walmart on the ground that there was no evidence as to how long the water had been on the floor or that it was known to the defendant.
The appeals court said that the trial court erred in refusing to consider the answer to the interrogatory as substantive evidence. Alexander v. Alterman Transp. Lines, Inc., 387 So.2d 422 (Fla. 1st DCA 1980); Fla. R.Civ. P. 1.340(b). The answer demonstrated that the store had knowledge of the dangerous condition, and accordingly the trial court erred in directing a verdict for Walmart.
I assume that the appeals court was saying that Walmart had actual knowledge of the water on the floor because its employee was mopping and it put up warning signs.
Tip: All things equal, a slip and fall case is better for the injured person if Walmart actually knew that a substance was on the floor before the fall. By better, I am referring to having a higher settlement value.
Slip and fall cases where the injured person can only show that Walmart should have known that the substance was on the floor are tougher.
The appeals court’s conclusion that plaintiff presented a prima facie case is not grounded on Owens v. Publix Supermarkets, Inc., 802 So.2d 315 (Fla.2001), because Owens was not retroactive as to cases tried before the decision. Owens involved a slip and fall on a banana at a Florida Publix Supermarket.
Learn more Florida Publix slip and fall cases.
This case may have some issues as the slip and fall statute has changed since this case was decided. Silvers also raises the issue of whether the trial court erred in not admitting a statement of a bystander (witness) as an excited utterance.
An excited utterance is defined as a statement that concerns a startling event, made by the declarant when the declarant is still under stress from the startling event. The appeals court did not think that ruling was in error.
The appeals court allowed this case to continue on its way to trial. This is what the customer wanted. At trial, the customer has a chance of getting a verdict (winning).
This case was against Walmart, however it applies equally to Florida slip and fall cases against Walt Disney World, Target Stores, Winn Dixie, stores, hotels, motels, resorts, Costco and other business establishments.
Want to Learn more about Walmart accident claims in Florida?
Check out some of my other articles:
- Walmart slip and fall injury claims in Florida
- Walmart trip and fall injury claims in Florida
- Walmart accident claims in Florida
- Slip and fall on clear water claim against Walmart in Kissimmee, Florida
- Slip and fall on slippery substance claim against Florida Walmart dismissed
- Court refuses to dismiss trip and fall on plastic claim vs. Walmart in Pinellas County, Florida
- Shopping Cart Collapse Claim for Shopper’s Arm Injury at Royal Palm Beach, Florida Walmart
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