Fast Food Franchise Wins Summary Judgment in Slip-and-Fall Lawsuit in Palm Beach County, FL

CSK Defense Team
West Palm Beach Partners John Chiocca and Christopher Pedraita

Case Summary
A local fast-food franchise was recently named in a lawsuit after a customer claimed she slipped and fell in the restaurant’s restroom. The incident allegedly occurred when the Plaintiff entered the restroom while talking on a cellphone and slipped on a puddle of water purportedly leaking from a ceiling tile above the stall. The Plaintiff reported having water on her clothing after the fall and stated she observed water dripping from the ceiling; however, she did not provide photographs or expert evidence to support these claims.

Defense Strategy
The CSK Defense Team argued that the Plaintiff could not prove the franchise had actual or constructive knowledge of the allegedly hazardous condition, as required under Florida’s Transitory Foreign Substance Statute (§ 768.0755). Under this statute, a business can only be held liable for a slip-and-fall incident if it knew or should have known about the dangerous condition and failed to remedy it.

Although the Plaintiff submitted affidavits and a short video showing water dripping from the ceiling, the court questioned the authenticity and reliability of this evidence. The materials were disclosed late and did not clearly depict the alleged puddle, the Plaintiff after the fall, or any paramedics. The defense also submitted testimony from the franchise’s Chief Operating Officer, who confirmed there were no prior complaints about leaks or water in the restroom and that the location conducted regular maintenance.

Outcome
After reviewing the evidence, the court found that the Plaintiff failed to provide sufficient proof that the franchise had knowledge of the alleged dangerous condition. The court also noted that the Plaintiff’s response and supporting materials were filed late—independently supporting the decision to grant summary judgment for the Defendant. Even if the late-filed materials were considered, the court held that they did not create a genuine issue of material fact.

This case underscores the importance of timely, credible evidence in slip-and-fall litigation. The CSK Defense Team successfully demonstrated that the Plaintiff could not establish the required knowledge element, resulting in a summary judgment win for the fast-food franchise.