Injured by Walking into Glass: Do You Have a Case?
So you walked into a glass wall. That’s embarrassing, right? Don’t be embarrassed. It’s not your fault it was basically invisible.
Injuring yourself by walking into a clear glass window at a mall can be both painful and disorienting. Beyond the physical pain, you might be wondering if you have a legal case against the property owner for damages. In Florida, the ability to recover comp
ensation for such injuries falls under the realm of premises liability. This area of law deals with the responsibility of property owners to maintain safe conditions for visitors. Let’s explore whether you have a viable case, focusing on the applicable laws and standards, especially in light of the Florida Supreme Court’s decision in Fitzgerald v. Cestari.
Understanding Premises Liability
Premises liability refers to the legal obligation of property owners to ensure that their premises are reasonably safe for visitors. When you’re injured due to a dangerous condition on someone else’s property, you may be able to seek compensation if the property owner was negligent in maintaining that condition.
In the context of a mall or other commercial property, several factors come into play when assessing whether the property owner is liable for your injuries. In Florida, this includes evaluating the condition of the glass door or window that caused the injury.
Fitzgerald v. Cestari: Key Factors
The Florida Supreme Court’s decision in Fitzgerald v. Cestari (569 So. 2d 1258, Fla. 1990) provides a framework for determining if a glass door constitutes a dangerous condition. According to the ruling, five factors should be considered:
- Location of the Door
- Age of the Person Injured
- Light Conditions
- Opening Pattern
- Activity on the Premises
Let’s delve into each of these factors to understand their relevance in your case.
- Location of the Door
The location of the glass door or window is crucial in determining whether it presents a hazard. If the door is in a high-traffic area, such as near an entrance or exit of the mall, and it’s not readily apparent to pedestrians, it may be deemed more dangerous. For instance, if the glass door is positioned where people frequently move and the risk of collision is high, this can strengthen your case. Conversely, if the door is in a less-traveled area where fewer people are likely to walk into it, the risk may be considered lower.
- Age of the Person Injured
The age of the injured party also affects the evaluation of whether the door was a dangerous condition. Children or elderly individuals may have different perceptions and responses to potential hazards compared to younger adults. For example, children may not recognize clear glass as easily, and older adults may have diminished reflexes. Courts might consider whether the property owner should have anticipated that individuals of certain ages would be more susceptible to not noticing the glass door.
- Light Conditions
Lighting plays a significant role in the visibility of glass doors. If the area where you walked into the door was poorly lit or if there was glare causing the glass to be less visible, the property owner might be found negligent. Proper lighting is expected in areas where potential hazards exist, and inadequate lighting can make otherwise visible obstacles into hidden dangers.
- Opening Pattern
The design and opening pattern of the glass door are also evaluated. Doors with a reflective surface or a design that makes them harder to see can be deemed more hazardous. For example, if the glass door was reflective and blended with the surroundings, making it difficult for people to recognize it as a barrier, this could be a factor in establishing negligence.
- Activity on the Premises
The level of activity on the premises is another important factor. If the mall was particularly busy at the time of the incident, and the glass door was frequently used or passed by shoppers, the potential for accidents increases. A property owner is expected to account for the volume of foot traffic and ensure that any hazards are properly marked or mitigated, especially during peak times.
Evaluating Your Case
To determine if you have a case, you need to consider how these factors apply to your situation. Here’s a step-by-step approach to assessing your potential claim:
- Gather Evidence: Document the location of the door, the lighting conditions, the door’s design, and the level of activity in the mall. Take photographs if possible, and seek witness statements from anyone who saw the incident.
- Medical Records: Obtain medical records documenting your injuries. This will be crucial in demonstrating the extent of your injuries and linking them to the accident.
- Consult a Lawyer: Contact a premises liability attorney experienced in Florida law. They can help evaluate the specifics of your case, including how the factors from Fitzgerald v. Cestari apply to your situation.
- Determine Negligence: The lawyer will help determine whether the property owner was negligent based on the five factors and if this negligence contributed to your injury. They will also assess whether there is evidence that the property owner knew or should have known about the hazard and failed to address it.
- Assess Damages: Consider both economic and non-economic damages. Economic damages include medical expenses and lost wages, while non-economic damages cover pain and suffering. Your attorney will help quantify these damages.
Conclusion
Injuries caused by walking into a clear glass window at a mall in Florida can be a complex legal issue. The Florida Supreme Court’s factors from Fitzgerald v. Cestari provide a detailed framework for evaluating whether a glass door constitutes a dangerous condition and whether the property owner can be held liable. By carefully examining the location, age of the injured person, light conditions, opening pattern, and activity on the premises, you can better understand your chances of recovery.
If you believe you have a case, it’s essential to consult with a knowledgeable attorney who can guide you through the legal process and help you seek appropriate compensation for your injuries.
If you are injured in an accident, call Jaime “Mr. 786 abogado” Suarez today to Get You Paid!
