14 May, 2024

QPWB Uses Common Sense Defense To Disqualify Obvious Condition, Securing Win For Retailer In Premises Liability Case


In: Client Alert


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Pensacola-Hub Managing Partner, Tricia Payne secured a summary judgment for the client, leveraging extensive discovery efforts to demonstrate that the pallet in question was open and obvious, thus not constituting an inherently dangerous condition under Florida law.

Overview of the Case

  • A plaintiff tripped and fell on a pallet on the floor of a retail establishment in Alachua County, alleging that the rough side of the pallet created unsafe conditions.
  • QPWB conducted extensive discovery, which supported dispositive relief.
  • The Court agreed and granted the Motion for Summary Judgment.

Key Difference-Makers

  • Tricia Payne, Partner out of the Pensacola Hub.
  • Debbie Shally, Legal Assistant out of the Pensacola Hub.

Claims Made Against Our Client

  • The client was accused of failing to maintain its premises in a reasonably safe condition by allowing a pallet, considered inherently dangerous, to be on the sales floor.
  • Plaintiff produced evidence of the client's knowledge of the pallet's presence.
  • Additionally, the client was alleged to have failed to warn the plaintiff of the dangerous condition of the pallet.
  • Plaintiff provided evidence that caution cones were not placed in the area.

Defensive Strategy

  • The defense strategy centered on the argument that the pallet was open and obvious and not inherently dangerous as a matter of law.
  • Despite the absence of caution cones, the pallet was deemed so visible that no warning was deemed necessary.

Impact on Final Outcome

  • QPWB presented a detailed, well-reasoned discussion of Florida law and its application to the case's facts.

Predicting the Future

  • Obtaining dispositive relief can be challenging, and this "win" showcases QPWB's experience and expertise in premises liability cases.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation, operating in 45 states and territories across the U.S. This broad jurisdiction allows them to serve various industries with expertise in over 100 areas of practice. The firm provides legal representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

Learn More

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