Florida Woman Files Lawsuit Against Dunkin’ Donuts Over Slip and Fall
A Florida woman has filed a lawsuit against Dunkin’ Donuts over an alleged slip and fall accident that occurred on their property. She accuses Dunkin’ Donuts of failing to mark off the region with a caution sign and allowing a dangerous condition to be present on the premises. According to the lawsuit, she fell on an unmarked wet floor and sustained a serious injury as a result of the fall. The plaintiff contends that the business should have known about the wet floor area and mopped it up or at least put a warning sign out so that customers were aware of the danger.
Elements of negligence
A proprietor is responsible for a slip and fall accident when they know about a dangerous condition on their premises, should have known about a dangerous condition on their premises, or caused a dangerous condition on their premises. In this case, the plaintiff is alleging that the defendant should have known that the floor was wet and thus slippery and attempted to remedy the matter before it caused injury to one of its customers.
To prove negligence, you must establish an element of foreseeability. A proprietor is not automatically responsible for a slip and fall accident. You must establish that the proprietor should have known or did know about the dangerous condition and neglected to do anything about it. The plaintiff will argue that Dunkin’ employees should have known about the dangerous condition prior to the slip and fall accident and injury.
The defense
The defendants can argue that they were unaware of the dangerous condition and did not have time to remedy it before the plaintiff slipped and fell. In that case, the defendant would not necessarily be liable for the plaintiff’s injuries. The plaintiff must establish that an employee walked past the dangerous condition, knew about the dangerous condition, or that the dangerous condition was left unremedied for an extended period of time. In most cases, surveillance footage from inside the Dunkin’ Donuts could provide the proof either side needs to make their claim. If the dangerous condition was caused by a customer and the proprietor didn’t have time to remedy it before the plaintiff fell, then the defendant may be able to argue that they were not negligent.
Damages
The plaintiff is claiming that she suffered severe and permanent injuries as a result of the accident. If she can establish the elements of negligence in a slip and fall injury case, the defendant would be liable for her medical expenses, lost wages, loss of the ability to enjoy life, and permanent disability.
Talk to a Tampa, FL Slip and Fall Injury Attorney Today
The Tampa, FL personal injury attorneys at Florin Gray represent the interests of plaintiffs in personal injury lawsuits filed against negligent defendants. Call our office today to schedule a free consultation and we can begin discussing your case right away.
Source:
fox35orlando.com/news/woman-sues-after-alleged-slip-and-fall-at-dunkin-in-the-villages-lawsuit-says
