The Trip-And-Fall May Not Have Been Your Fault
The law in Florida provides that property owners have an obligation to maintain their property in a reasonably safe condition in order that customers or guests don’t fall. Allowing conditions that will likely cause a trip to exist can often result in falls and injuries.
We have handled multiple falls, for example, involving parking stops that could not be seen, were difficult to see, were concealed or were improperly placed.
Assisting Trip-And-Fall Victims In The Ocala Area
We recently handled a tragic case occurring in Tampa involving the parking lot of a restaurant in which our client’s wife tripped on an abnormal surface that had been created through a maintenance issue. An area of the asphalt parking lot had been dug up and when replaced, rather than filling the hole with concrete or a new asphalt patch, the hole was filled with a lattice-designed brick paver known as “turf block.” Turf block is used in a variety of applications in order to allow grass to grow through the openings, while allowing drainage of rain water. It has no useful application in repairing a hole in a parking lot that was then made available as a designated parking space for patrons.
The depressions within the block violated acceptable standards because they can trip a person’s toe or heel, which is what occurred. The Marion County resident tripped, struck her head, was admitted to the hospital for stitches and observation, and suffered a brain bleed several hours later resulting in a 10-day coma and ultimate death.
We held the property owner accountable in a lawsuit brought under the Wrongful Death Act of Florida, and the case resolved through a confidential award made by an arbitrator in an arbitration trial.