If an airline’s negligence caused to slip, fall and get hurt in Florida, you may be able to recover damages.
Let’s take a look an older actual airline slip and fall case, that is still good law.
In Eastern Air Lines, Inc., 468 So.2d 1111 (Fla. 1st DCA 1985), Regine Evens appeals the entry of a final summary judgment on behalf of Eastern. The appeals court affirmed (agreed).
Evens sued Eastern Airlines (“Eastern”) following a “slip and fall” incident that occurred after she boarded an Eastern flight. She claimed negligence in failure to protect passengers from slippery substances in the galley (kitchen) area, to keep the area safe, to inspect for dangerous conditions, and to put up warning devices or station personnel around the area to warn of the dangerous condition.
Evens testified in a deposition taken by Eastern that she saw nothing on the floor prior to her fall, and did not look on the floor afterwards. Therefore, she could not explain what caused her fall, only that she felt “something wet” while on the floor.
Following this deposition, Eastern moved for summary judgment, arguing that Evens failed “to demonstrate that Eastern had actual or constructive knowledge of the alleged foreign substance on which Evens allegedly slipped and fell.”
The flight attendants assigned to the flight signed four affidavits. They all said that, as is customary, the plane had been inspected for debris and hazards immediately before the incident, between the de-embarkation of previous passengers and the boarding of the group that included Evens.
The inspection revealed nothing. None of the attendants observed the alleged fall. Evens filed no opposing affidavits, and the Eastern’s motion was granted.
In order to recover for injuries in a “slip and fall” accident, the plaintiff must show either actual notice of the dangerous condition or that the condition existed for such a length of time that in the exercise of ordinary care the owners should have known of it and taken action to remedy it or to guard the plaintiff from harm therefrom. Nance v. Winn-Dixie Stores, Inc., 436 So.2d 1075, 1076 (Fla. 3d DCA 1983). (Learn about Winn Dixie slip and fall injury claims in Florida.)
The latter standard, known as “constructive notice,” may be proved by circumstantial evidence. Nance; Camina v. Parliament Insurance Company, 417 So.2d 1093, 1094 (Fla. 3d DCA 1982).
The material issue herein is, of course, the existence of actual or constructive notice that the dangerous condition, a slick spot, was present. Undisputed affidavits do not show the existence of actual notice, since no spot was observed.
With regard to constructive notice, no facts whatever exist indicating the length of time the unidentified spot was present, such as dirt, footprints or the like. See Montgomery v. Florida Jitney Jungle Stores, Inc., 281 So.2d 302 (Fla. 1973) (leaf was wilted, dirty);Grizzard v. Colonial Stores, Inc., 330 So.2d 768 (Fla. 1st DCA 1976) (substance was thawed frozen orange juice, indicating time enough to thaw).
Therefore, since there was no evidence, either direct or circumstantial, that Eastern had notice of the dangerous condition, no negligence was shown. Summary judgment was proper.
The woman lost the case. She most likely had a contingency fee agreement with her lawyer, and most likely did not owe him any attorney’s fees or costs.
Both the injured person and the airline used Jacksonville lawyers. Florida’s First District Court of Appeal, which heard this case, is currently located in Tallahassee.
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