Cecilia Vera v. Parkwood Condominium Association, Inc., et al.
The Third DCA affirmed final summary judgment for a condominium association in a premises-liability slip-and-fall case. Because the fall occurred inside the plaintiff's own unit rather than a common area, she could not rely on 'transient-substance' caselaw and instead had to produce evidence supporting a reasonable inference that the backup more likely than not originated in the common-area pipes the Association was responsible to maintain — which she failed to do.
Key facts
- Cecilia Vera slipped and fell on water and sewage from a wastewater backup inside the bathroom of her own condominium unit in March 2021.
- She sued Parkwood Condominium Association and its property manager for premises-liability negligence, alleging recurring backups of which the Association had notice.
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Holdings
- Premises liability requires the defendant's possession or control of the premises; transient-substance caselaw (excusing a plaintiff from proving how or when a dangerous condition arose)…
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Why it matters
This opinion is useful for premises-liability and condominium practitioners because it limits the reach of Florida's transient-substance line of cases to areas within the defendant's possession or control, and clarifies… — full analysis with a trial
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