A state appellate court was recently asked to weigh in about a slip and fall case. The conversation that took place from there was informative. A personal injury attorney in Florida that is looking to assist their clients would do well to consider the results of the premise liability lawsuit that was discussed.
The case that was discussed had to do with hazards that were deemed to be out in the open and obvious to any objective observer. The court decided that the plaintiff should have been attentive to the danger because it was presented in an obvious manner. A defendant should not have to remain liable for injuries that the plaintiff could have easily prevented on their own.
This particular case centered around a plaintiff who managed to injure themselves leaving a movie theater. The plaintiff decided that they were not going to walk across the parking lot. They elected to cut through a planter and managed to fall into a divot in the process. Of course, the establishment did not want to be held responsible for this sort of accident.
These are the clear and obvious dangers that a client needs to be aware of before they contact a personal injury attorney in Florida. Otherwise, they could be wasting their time and the attorney’s time. No establishment is going to want to spend their valuable resources to compensate a client who was simply too foolish to watch where they were going.
That is definitely understandable. The client that was mentioned above made a conscious decision to leave the normal walking area and place themselves in harm’s way. At that point, the responsibility should be out of the theater’s hands entirely. The court agreed with the theater and this is leading more attorneys to speak with potential clients about the “open and obvious” ruling.
In this case, there was no way to dispute the obvious truth. This man took matters into his own hands and was forced to pay the price because of it. Gone are the days when Florida residents were able to simply contact an attorney and receive compensation for the injuries that they caused on their own.
Cases like these become very informative to the average citizen. It keeps them from making decisions that are not well informed and expecting an attorney to assist them. When our friends and loved ones are involved in slip and fall accidents, our first instinct is to blame the establishment in question.
In many instances, this knee jerk reaction is actually the wrong one. If there are any further questions about these matters, it is time to contact a top notch personal injury attorney so that they can provide the proper assistance. Jupiter, Orlando and Boca Raton residents are all urged to do so.