December 19, 2024
An 85-year-old Melbourne resident, Peter Wolff, failed to secure damages after a jury ruled that a local Applebee’s restaurant was not liable for his fall, which resulted in a fractured leg. This is a fairly typical claim that a Melbourne FL premises liability lawyer would handle, focusing on the rights of the injured person.
The incident occurred on June 18, 2018, at an Applebee’s on Palm Bay Road, where Wolff claimed to have missed a two-step stairway due to inadequate lighting and worn-out reflective tape on the steps. He alleged that the restaurant, owned by Neighborhood Restaurant Partners Florida LLC, negligently maintained the premises, creating a dangerous condition.
Wolff’s legal team highlighted that an overhead light above the stairs was not operational and that reflective tape on the steps had completely worn off, making the steps difficult to see. They argued that these conditions directly caused Wolff’s fall.
The defense countered that the steps were sufficiently illuminated by natural light and over 176 other light bulbs throughout the restaurant. They also noted that while reflective tape was previously applied to the steps, it was an added precaution and not legally required. Furthermore, the defense argued that Wolff’s pre-existing medical conditions—including leg weakness, dizziness, and an unsteady gait—were the primary causes of his fall.
Following the accident, Wolff sustained a displaced femur fracture, requiring surgery to insert an intramedullary rod and screws. His recovery included several weeks of inpatient rehab and eight months of outpatient physical therapy. Despite treatment, Wolff claimed he suffered long-term limitations, impacting his active lifestyle and necessitating the use of a cane.
Wolff sought $31,275 for past medical expenses and $2 million for pain and suffering. However, the defense argued that his recovery was successful and that his current limitations were unrelated to the fall.
Ultimately, the jury sided with the defense, finding the restaurant not liable. Defense counsel has since moved to recover legal costs.
Strategies A Good Premises Liability Lawyer Uses To Win Slip-and-Fall Cases
Winning a slip-and-fall case requires a strategic and detail-oriented approach. A skilled premises liability lawyer focuses on gathering compelling evidence, establishing negligence, and presenting a strong argument to prove liability and damages.
First, the attorney investigates the accident scene thoroughly. This includes obtaining photographs, video surveillance footage, and detailed witness statements to establish the unsafe condition that caused the fall. They analyze factors like poor lighting, uneven flooring, spilled liquids, or missing warning signs. Time is of the essence since conditions at the site may change quickly.
Next, a good lawyer focuses on proving negligence by showing that the property owner or manager failed to uphold their duty of care. This could involve demonstrating that the hazard was present long enough that the owner should have reasonably known about it and taken corrective action. In some cases, the lawyer may subpoena maintenance logs, inspection records, or prior incident reports to show a history of neglect.
Additionally, the attorney ensures the client’s injuries and damages are well-documented. Medical records, bills, and expert testimony help establish the extent of the injuries and the financial and emotional impact on the victim’s life.
Strong communication is also key. A skilled lawyer negotiates aggressively with insurance companies, refusing lowball offers and preparing for trial if necessary.
Ultimately, a successful premises liability attorney builds a persuasive case by combining evidence, legal expertise, and effective storytelling to maximize compensation for their client. If you have been injured on someone else’s property, it’s important to hire an experienced premises liability law firm, like Tuttle Larsen, P.A., for the best possible outcome for your claim. We offer a free legal consultation, so please call us today.
