Earlier this month, a Florida appellate court issued a written opinion in a personal injury case that involved a discussion of the required elements of a Florida premises liability lawsuit. In the case, which involved a woman’s slip-and-fall accident that occurred in a bank parking lot, the court ultimately found in favor of the plaintiff. Specifically, the court held that even though the hazard allegedly causing the plaintiff’s fall was obvious, summary judgment in favor of the defendant was improper.
The plaintiff was a customer of the defendant bank. When the plaintiff went to make a deposit through the drive-up window and noticed that the bank was closed, she decided to make her deposit through the Automated Teller Machine (ATM). As the plaintiff approached the ATM, she noticed that the area around the ATM was under construction with a barricade a few feet in front of the ATM.
According to the plaintiff, there was a sign on the barricade with an arrow, instructing patrons to walk around the barricade to reach the ATM. The plaintiff attempted to negotiate her way around the barricade, but stepped in a “pot hole”, causing her to fall. She sustained injuries to her foot, leg, neck, and back.