Verdicts & Settlements: $345,000 Settlement Demand Accepted in Mall Slip & Fall Case

process for filing for workers comp in florida
What Is the Workers’ Compensation Process in Florida?
May 28, 2022
Car technology preventing accidents
Can New Technology Prevent Car Accidents? (Slide Deck)
June 4, 2022

Verdicts & Settlements: $345,000 Settlement Demand Accepted in Mall Slip & Fall Case

A modern floor with legs of a crowd walking in a shopping mall in the background

Fort Lauderdale, FL – The Firm’s Personal Injury Litigation Practice recently settled a slip and fall case for $345,000.

In October 2013, our client visited her nearby mall to enjoy a day of shopping. While walking towards the exit and near a kiosk that sold food and beverage, she slipped and fell on a wet spot on the marble tiled floor. As a result of her fall, she sustained injury to her back. Our client, unable to get up after falling, was transported by paramedics to the hospital. After being discharged from the hospital, she continued treating for her injuries with physical therapy and an orthopedist. Ultimately, our client underwent a surgery on her low back.

Kanner & Pintaluga’s trial team, led by Howard Kanner, brought suit against the mall and the company that serviced the kiosk. Plaintiff was required to prove that one or both of the defendants knew or should have known of the wet spot on the floor that caused her to fall. Defendants vehemently denied having knowledge of the condition and blamed Plaintiff for not paying attention and causing her own fall. Defendants even sought relief with the Court, arguing that Plaintiff could not possibly prove her case to demonstrate that the Defendants knew or should have known about the dangerous condition. However, the evidence taken in the case proved differently. The mall used a digital system to record when the cleaning staff last checked and cleaned the area where the incident occurred. After analysis of the digital recordings, it was clear that the cleaning staff had not monitored the highly trafficked area for approximately 30 minutes.

In addition, a contractual agreement between the kiosk and the mall made the kiosk responsible for inspecting and cleaning around the kiosk. During the deposition of the kiosk employee, trial attorney Joseph Abdallah discovered that the employee was never notified, instructed, or trained to inspect around the kiosk for spills or dangers that could cause mall patrons to slip and fall. As a result, the area went unmonitored until our client slipped and fell. Shortly before trial, the defendant accepted Plaintiff’s demand to resolve the case for $345,000.

Get What you Deserve
Kanner & Pintaluga is an aggressive, ethical, and results-driven national plaintiff firm committed to representing accident, serious injury, and property damage victims. With a team of nearly 100 attorneys, we have the experience and expertise to achieve the most favorable outcome for our clients. If we can assist you or if you’d simply like to speak to an attorney about getting the help you need, please do not hesitate to contact us. Our team is always available to discuss your rights and make certain that you and your family are protected.