UNIVERSAL LAWSUIT REPORT: NOVEMBER
DIXON, MOIRA ANN v. UNIVERSAL CITY
Date Filed: 11/12/2015
Plaintiff Residence: Lambton, Washington, United Kingdom.
Accident Date: January 7, 2012,
Alleged Location: The Groove in Orlando, FL
Alleged Facts: At said time and place, a dangerous condition existed on said premises. This dangerous condition consisted of liquid on the dance floor, in which the Plaintiff slipped and fell.
Allegations of Liability: Defendant breached its duty owed to Plaintiff by committing one or more of the following omissions or commissions:
- Negligently failing to maintain or adequately maintain the dance floor inside The Groove night club where the substance was spilled, by allowing the dangerous condition to exist at the time Plaintiff was in the area; b. Negligently failing to inspect or adequately inspect the dance floor inside The Groove night club, to determine whether the dangerous condition existed at the time Plaintiff was in the area; c. Negligently failing to warn or adequately warn Plaintiff of the dangerous condition when Defendant knew or should have known of its existence and when Plaintiff was unaware of said dangerous condition; d. Negligently failing to correct, or adequately correct the dangerous condition when Defendant knew or should have known of its existence; e. Negligently failing to maintain said premises, specifically the dance floor inside The Groove night club which caused or contributed to the existence of the dangerous condition; f. Negligently failing to have adequate staff on duty and/or assigned to the task of inspecting the premises for dangerous condition; g. Negligently failing to train and/or inadequately training its employees to inspect the premises for dangerous condition; h. Negligently failing to follow its own corporate policy regarding the dangerous condition; i. Negligently failing to act reasonably under the circumstances; and, j. Negligently engaging in a mode of operations when Defendant knew, or should have known, that said mode of operations would result in dangerous conditions to the general public, including the Plaintiff herein.
KROIN, NICOLA v. UNIVERSAL CITY
Date Filed: 11/3/2015
Plaintiff Residence: Unknown
Accident Date: April 18, 2014
Alleged Accident Location: Universal Studio’s Marvel Super Hero Island in Orlando
Alleged Facts: As the plaintiff was walking in an ordinary, customary and foreseeable manner, she slipped and fell on a wet metal medallion built into the cement guest walkway at Universal’s Marvel Super Hero Island.
Liability Allegations: At the time and place of her fall, multiple Universal employees were in the immediate vicinity of the condition; yet none of them, gave any warning or took any corrective action with regard to the condition. At all times material hereto, Universal had a duty to reasonably maintain the walkways located at the Premises for business invitees, including Plaintiff. Universal breached its duty to Plaintiff by failing to inspect the area where the accident occurred to ensure that it was in a reasonably safe condition for its intended and foreseeable uses, to wit, walking, and free from all defects and conditions that would render it dangerous and unsafe for Plaintiff, or present an unreasonable risk of harm to her in her lawful use of the premises. Universal also breached its duty to Plaintiff by failing to adequately warn her that the area in which the accident occurred was in a dangerous or unreasonably safe condition and posed a danger for harm during ordinary use, to wit, walking. Alternatively, if Plaintiff’s fall was solely caused by a transitory substance, pursuant to Section 768.0755, Florida Statutes, Defendant had constructive knowledge of the dangerous condition and should have taken action to remedy it because: (a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, Defendant should have known of the condition; or (b) The condition occurred with regularity and was therefore foreseeable.
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