Legal Question in Personal Injury in Florida
Can someone sue for tripping on a step going from one room to another. The step is not defetive or broken in any way, the person simply was looking one way while walking another way.
Asked on 9/06/09, 11:25 pm
3 Answers from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Yes, you can, but in my judgment, you will not be successful.
Answered on 9/06/09, 11:45 pm
Gordon Fenderson
Fenderson Law Firm
You can sue for most anything but this doesn't sound like it's worth the time.
Answered on 9/07/09, 12:26 am
Sarah Grosse
Sarah Grosse, Esquire
Sounds like an essay question from Torts class in law school. The "reasonable person" standard applies. If a reasonable person could have seen the step and should have known to walk across it carefully, then there is no liability. However, as the other attorneys have said, one can sue for just about anything. It's the likelihood of winning, losing, or settling for nuisance value which is the real question.
Answered on 9/08/09, 10:13 pm