Injured persons and their families who intend to present a claim for bodily personal injuries as a result of slipping and falling on another’s premises and have been seriously injured often ask us whether evidence of prior falls would be helpful to demonstrating the defendant’s negligence in support of their claim. Many times our client’s ask us if there is a resource that we can go to determine if there have been similar accidents at the defendant’s property and what can we do to gather this information to prove fault in this case.
To the contrary, in the case of Lewis vs. Sun Time Corp., So. 3d 35 FLW D 2316 (Fla. 3d DCA 10/20/2010) reiterated that “(i)t is well recognized that a no-accident history of the location of a premises liability case may be admitted into evidence for a variety of purposes, including the central one of showing that the area was not in fact dangerous or defective. In the instant case the trial court allowed the defendant to introduce evidence that there had been no falls since the building was constructed and opened in 1937. In the instant case, the court found that “the record shows that while there were (as there had to be) variations in the circumstances surrounding the steps and their use, their basic dimensions, configuration, and composition – and their dangerous character, or lack of same – remain constant for the 70 plus years they were in use… The significant of that stark fact was properly for the jury to consider.”
The question then remains whether the plaintiff can introduce evidence that of prior incidents at the location of their particular fallen injury.
For further discussion regarding this important topic feel free to call the Pembroke Pines Slip and Fall Injury Attorneys at The Schulman Law Group by calling 1-877-529-0444 or by e-mail info@www.schulaw.com.
