Lyons Snyder & Collin. Trial Attorneys.


Slip and Fall Accidents in Fort Lauderdale: Sample Complaint

By Philip M. Snyder

As a Broward County personal injury lawyer, many of our clients are victims of slip and fall accidents.

A slip and fall accident constitutes any fall (including slip, trip, fall-down, or misstep) that occurs on someone else’s premise or business. A common example of a slip and fall is when someone slips on water or an unknown substance at a business such as Whole Foods, steps into a hole in a parking lot such as Lowes, or trips due to a change in surface elevation such as a faulty step at an apartment complex.

Frequently, our accident attorneys can negotiate “pre-filing” settlements with the at-fault’s party’s insurance carrier to compensate for our client’s injuries. Sometimes, however, the at-fault party either denies liability or is unwilling to make a reasonable settlement offer. In those instances, our accident attorneys are required to file a lawsuit on our client’s behalf.

As a courtesy to our clients, I have provided a recently filed lawsuit involving a slip and fall accident at a Fort Lauderdale hotel. For privacy purposes, I have blocked out the named parties. Please disregard any formatting errors that clearly were not present in the actual pleadings. As always, please call our team of aggressive personal injury attorneys if you or a loved one is a victim of a slip and fall or trip and fall accident.

IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: **********, Plaintiff, vs. ########## d/b/a/ @@@@@@@@, a Florida Limited Liability Company. Defendant. _______________________________/


The Plaintiff, ********** (“Ms. ***********” or “Plaintiff”), by and through her undersigned attorney, sues the Defendant, ########## (“###########” or “Defendant”), and in support thereof alleges as follows:

1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest and costs, and it is otherwise in jurisdiction of the Court.

2. Ms. *********** maintains residence in Broward County, Florida and is otherwise sui juris.

3. At all times material to this action, Defendant, a Florida Limited Liability Company, was doing business in the State of Florida.

4. On June 24, 2012 at approximately 10:00 p.m., Defendant owned and was doing business as “@@@@@@@@” at xxxxxxxxxxxxxxxxxxxxx., Fort Lauderdale, FL 33304, and was open to the general public.

5. At said time and place, Ms. *********** was a patron and/or invitee, lawfully upon the premises, who Defendant owed a duty to exercise reasonable care for her safety.

6. At said time and place, Plaintiff slipped and fell on a transitory foreign substance and/or non slip-resistant tile and/or unsafe surface at or near the outside wrap around balcony of the “xxxxxxxxxxxxxxx”, located within @@@@@@@@.

7. At said time place, Defendant breached its duty owed to Plaintiff by committing one or more of the following omissions or commissions:

a. Negligently installing and/or failing to maintain or adequately maintain its tile floor and/or floor surface, thus creating a negligent or dangerous condition to the public, including the Plaintiff;

b. Negligently failing to inspect or adequately inspect its tile floor and/or transitory foreign substance to determine whether there was a hazard or dangerous condition to patrons and/or invitees, including the Plaintiff;

c. Negligently failing to inspect or adequately warn Plaintiff of the dangerous non-slip resistant tile and/or unsafe surface, whether defendant knew or through the exercise of reasonable care should have known that said tile was unreasonably dangerous;

d. Negligently failing to take reasonable protective measures and/or remedy the non-slip resistant tile and/or unsafe surface and/or transitory foreign substance, when the unreasonably dangerous condition occurred with regularity and was therefore foreseeable;

e. Negligently failing to remedy or adequately remedy the unreasonably dangerous condition – non-slip resistant tile and/or unsafe surface and/or transitory foreign substance – when said condition was either known to defendant or had existed for such a sufficient length of time such that defendant should have known of the condition if defendant has exercised reasonable care.

8. As such, the Defendant has actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.

9. As a result, the Plaintiff slipped and fell, sustaining injuries as set forth.

10. As a direct, proximate and foreseeable result of the aforementioned negligence of the Defendant, ##########, the Plaintiff, **********, was injured in and about her body and extremities and/or aggravated a pre-existing injury or condition, suffered pain there from, suffered physical handicap, incurred medical expenses in the treatment of said injuries, including surgical procedures, suffered physical and mental pain and suffering, incurred medical and maintenance expenses, incurred wage loss and/or loss of ability to earn money, suffered the inability to enjoy a normal life; said injuries are permanent and/or continuing in nature and said Plaintiff will continue to suffer such injuries, losses and damages and impairments in the future.

WHERFORE, the Plaintiff, **********, sues the Defendant, ##########, for damages in excess of Fifteen Thousand Dollars ($15,000.00), plus costs of Court, and demands a trial by jury of issues so triable as a matter of right.