MIAMI-HUB — Quintairos, Prieto, Wood & Boyer, P.A. (QPWB) Miami Partner David Perez successfully secured a victory for our client, a local mall, in a premises liability lawsuit. The case centered around a slip and fall incident where the plaintiff alleged negligence due to rocks spilling from a landscaping island onto the parking lot.

Overview of the Case

The plaintiff claimed that the mall failed to maintain its premises in a reasonably safe condition, leading to her injury. However, through strategic legal maneuvers, including a key deposition of the plaintiff, Perez established that the rocks constituted an open and obvious condition, clearly visible on the dark asphalt parking lot on a sunny day. Furthermore, the plaintiff admitted to being a frequent visitor to the mall and having walked past the area numerous times before, further supporting the argument that the hazard was readily observable. The court agreed and granted a Motion for Final Summary Judgment.

Key Difference-Makers

Trial Participants

• David Perez, Partner, Miami

Claims Made Against Our Client

The plaintiff alleged that the defendant mall was negligent in allowing rocks to spill from the landscaping island onto the parking lot, failing to ensure the safety of its patrons. This negligence, the plaintiff argued, directly led to her fall and subsequent injuries.

Defense Strategy

• The defense team conducted a thorough deposition of the plaintiff, during which she acknowledged that she turned her head away just before the fall, despite having navigated the area on a clear and sunny day.
• This testimony was critical in demonstrating that the condition was open and obvious. The defense successfully argued that, given the plaintiff's familiarity with the property —having visited over a hundred times— she had ample opportunity to observe and avoid the scattered rocks. Therefore, her own inattention contributed to the incident, not any negligence on the part of the mall.
• Mr. Perez skillfully utilized the plaintiff's own testimony to highlight her lack of reasonable care.

Impact on Final Outcome

The court recognized that the plaintiff's own admissions and the conditions on the day of the incident supported the argument that the plaintiff had ample opportunity to observe the presence of the rocks. Specifically, the court noted the visibility of the rocks on the dark asphalt, especially given the clear, sunny conditions at the time of the fall. The Motion for Final Summary Judgment was granted, resulting in a victory for the defendant mall. This outcome underscores the importance of comprehensive fact-gathering in depositions, a hallmark of QPWB's litigation strategy.

Predicting the Future

This win reinforces QPWB's standing as a leading national litigation firm capable of achieving favorable results in complex premises liability cases. The successful application of the open and obvious doctrine not only benefits our current client but sets a precedent for future cases in similar legal landscapes.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation, with jurisdiction in 48 states and territories. Our firm serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.