CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - THURSDAY, JANUARY 1, 2026

Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

Wet slippery floor

The plaintiff unknowingly stepped into the area of dripped melted ice and fell.

December 22, 2025
Lewis Brisbois Newsroom

Fort Lauderdale, Fla. (October 29, 2025) - Fort Lauderdale Associate Kyle Hollander recently secured a summary judgment victory for his client, Winn-Dixie, in a contested premises liability case.

This was a hotly disputed liability case of water on the floor near an ice cooler with surveillance footage of a customer constantly bringing bags of ice to and from the cooler to the register. The plaintiff unknowingly stepped into the area of dripped melted ice and fell. Kyle successfully argued based on the plaintiff’s own deposition testimony and the surveillance footage that Winn-Dixie didn’t have the requisite actual notice. Additionally, Kyle argued that the brief duration the condition remained on the floor was legally insufficient to establish constructive notice under Florida law. The Court agreed, finding that the evidence would not survive a directed verdict and granting summary judgment in favor of the defense.


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