The judgment of a Connecticut Supreme Court was recently reversed in a case involving a grocery store and a man who claimed he suffered injuries following a slip and fall.
The plaintiff's right to recover under the mode of operation rule was the focus of the court's recently released ruling. The rule dispenses the requirement that a plaintiff prove that a business owner had actual or constructive notice of the specific unsafe condition giving rise to the plaintiff's injury.
The original case alleges that the plaintiff, Leo A. Fisher III, was shopping at Big Y Foods, Inc, when he slipped on a large puddle of supposed fruit juice and fell. Leo sustained injuries to his knee and shoulder as a result.
Running contrary to Fisher's story are the claims by Big Y Foods that there was no broken container near the incident and that there had been regular sweeping and maintenance of the floor throughout the day. Store porter John Kelly claims to have swept the aisle at 4 p.m. This claim was confirmed by both the store's sweep log and video surveillance camera.
Hurt during a slip and fall accident in Florida? Contact us to get help from a Broward County personal injury lawyer.