Collier County Jury Assigns Majority Fault to Plaintiff in Condominium Slip-and-Fall Case

CSK Defense Team
Fort Myers Managing Partner Julie Ireland
Fort Myers Associate Emily Tang

Case Summary
This case arose from a slip-and-fall incident at a condominium complex in Naples. The Plaintiff, a long-time resident of the condominium, alleged that she was injured after slipping on wet stairs while exiting her unit. As a result of the fall, the Plaintiff suffered a broken ankle requiring three surgeries and extensive medical treatment.

The Plaintiff claimed that the Defendant condominium association and its property management company were responsible for maintaining the premises and preventing the condition that allegedly caused her fall. The Defendant disputed liability, arguing that the Plaintiff was familiar with the property and failed to exercise reasonable care under the wet conditions.

Defense Strategy
The CSK Defense Team focused on the Plaintiff’s personal responsibility and familiarity with the property. Evidence established that the Plaintiff had lived at the condominium for several years and was well aware of the stair layout and typical conditions on the premises, and further that she failed to use the available handrails.

The defense argued that the wet stairs constituted an open and obvious condition and that the Plaintiff failed to take reasonable precautions. The defense also challenged the Plaintiff’s attempt to place full responsibility on the Defendant despite evidence that her own actions substantially contributed to the incident.

Outcome
After a focused presentation and approximately two hours of deliberation, the jury found the Plaintiff 75% at fault for the incident. Although the Plaintiff sought $8 million in damages from the jury and the last demand before trial was $1.5 million, the jury’s allocation of fault significantly reduced her recovery.

The Plaintiff ultimately recovered approximately $296,000, reflecting her percentage of fault under pre-tort reform Florida law. The verdict underscores the importance of comparative negligence in premises liability cases and demonstrates that juries carefully evaluate a Plaintiff’s responsibility when assessing claims involving common conditions such as wet surfaces.