Our client was a guest at a luxury oceanfront resort in the Florida Keys -- a property that markets itself as one of the finest in the area, charging a premium for lanai suites with direct access to the pool and ocean. On the evening of April 16, 2023, he walked from the pool to his patio just as any guest in that room would. The ceramic tile patio floor was wet. He slipped and fell, and the fall tore open his right foot.At the emergency room, his right foot laceration was repaired with staples. Days later, a podiatrist diagnosed a severed extensor hallucis longus tendon and recommended surgery. He underwent the first surgical repair on April 28, 2023. During recovery, an accident on crutches re-ruptured the tendon. A second surgery followed on June 6, 2023, this time requiring a cadaver tendon graft.Months of immobilization, physical therapy, and follow-up visits followed. He developed calf atrophy, Achilles tendon pain, nerve damage in the top of his right foot, and a diagnosis of neuropathy. By the time of mediation, he was 41 years old, dealing with daily numbness and pain, weekly episodes of his foot locking up entirely, and a third potential surgery on the table. His life care plan projected future medical expenses of approximately $525,000 for the remainder of his life.The resort knew this type of flooring was dangerous when wet. Their own security supervisor had slipped on the same tile and started wearing non-slip boots to work. There were prior guest falls on record. The resort used caution cones on identical tile in common areas -- but not on the lanai patio, right next to the pool. Our engineering expert tested the floor's coefficient of friction and concluded it was insufficient for outdoor use. The case settled for $430,000.
We proved the resort knew and did nothing. We documented a pattern -- prior guest incident reports, a security supervisor who slipped on the same tile, and the resort's own practice of placing caution cones on identical flooring in common areas.We retained the right expert. Our engineering expert conducted a site inspection and friction testing, concluding the tile's slip resistance was inadequate for outdoor use -- especially adjacent to a pool where wet feet were not just foreseeable but invited by the resort's own marketing.We used the resort's own witnesses against them. The former security supervisor admitted he slipped on the same tile and switched to non-slip boots. Every key admission came from the resort's own people.We pushed through a difficult venue and a difficult judge. Monroe County juries are skeptical of out-of-state plaintiffs. The court limited discovery on prior falls to the same patio tile type. We built the strongest possible record within those constraints.
