TAMPA HUB - QPWB Partner Kristin Elza recently achieved a significant victory for a non-profit thrift store in a slip and fall case, highlighting the firm's expertise in implementing a proper premises liability defense and its commitment to protecting clients from unwarranted claims.

Overview of the Case

The case involved a plaintiff who alleged she slipped and fell on water leaking from a decorative flower pot outside the store entrance. The plaintiff claimed the store's employees created the dangerous condition and failed to warn her, seeking $1 million in damages. The case presented unique circumstances, as the non-profit defendant relied heavily on donations and volunteers, and there were no witnesses or video evidence of the fall. This alleged incident was not reported for several days.

After unsuccessful mediation and multiple depositions, QPWB filed a Motion for Summary Judgment, arguing there was no evidence or testimony of actual or constructive notice of a dangerous condition under Fla. Stat. 768.0755 and that regardless, the sidewalk was sufficiently slip resistant whether wet or dry as supported by expert affidavit. The Court entered its own Order finding in favor of Defendant on February 3, 2025, granting the motion and dismissing the case.

Key Difference-Makers

• Kristin Elza - Partner

Administrative Support:

• Eileen Bloom - Paralegal
• Traci Kenyon - Legal Assistant

Claims Made Against Our Client

The plaintiff claimed that the store should have known about the leaking flower pot and warned invitees of the dangerous condition. She also argued that floor mats should have been in place and that the sidewalk coating made the surface slippery when wet. 

Additionally, she contended that areas of the sidewalk coating were degraded and the slip-resistance testing performed by the professional engineer was insufficient because not every section of the sidewalk surface was tested. The plaintiff claimed neck and back injuries resulting from the fall, including the need for ESI, RFA, and ultimately a lumbar discectomy, allegedly causing permanent impairment.

Defense Strategy

Elza centered her arguments on disproving actual or constructive notice of a dangerous condition and challenging the existence of a dangerous condition altogether. QPWB focused on the relevant statute regarding transitory foreign substances, the burden of proof, and prior precedent to establish that there was no actual or constructive knowledge of a dangerous condition triggering liability and/or a duty to warn. 

Mrs. Elza argued that water on an exterior sidewalk in Florida is not unusual and that the sidewalk coating had been tested by a professional engineer (PE) and deemed slip-resistant. The PE conducted slip testing on the coated sidewalk in both wet and dry conditions to evaluate its adherence to safety standards. The defense emphasized that the engineer's testing determined the surface was sufficiently slip-resistant per accepted industry standards regardless of whether it was wet or dry.

Impact on Final Outcome

The court granted Summary Judgment in favor of the thrift store, accepting Elza's arguments that the plaintiff failed to prove actual or constructive notice of a dangerous condition. This decision resulted in a complete dismissal of the case, saving the client $1 million in potential damages.

Unique Aspect of the Case

The case involved a non-profit organization with limited resources, making a successful defense even more critical. Additionally, the lack of witnesses and the delayed reporting of the fall presented challenges in gathering evidence and reconstructing the incident.

Predicting the Future

This win reinforces QPWB's dedication to defending clients against unfounded claims and protecting their overall well-being. The firm's attorneys and support staff demonstrate expertise in analyzing complex situations, developing effective legal strategies, and achieving favorable outcomes for clients.This case provides a roadmap for effectively defending clients in similar transitory foreign substance cases. It highlights the importance of not only focusing on the presence or absence of actual or constructive notice but also challenging the very existence of a dangerous condition. 

This approach, combined with a thorough understanding of relevant statutes, the burden of proof, and the use of expert testimony, can effectively protect clients from liability in slip and fall cases.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB 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.