Tom Paradise and Megan Pariti (Hollywood, FL) (Premises Liability) obtained Summary Judgment in a Spoliation of Evidence claim. The Plaintiff, Jose Lopez, age 79, claimed to have slipped and fallen on a clear liquid in a Target store on December 18, 2022. Target sought Summary Judgment contending that Plaintiff failed to demonstrate actual or constructive notice as required by Florida Statute 768.0755. In response, Plaintiff argued that Target spoliated evidence by not preserving enough of the surveillance video and that Target employees were in the aisle minutes before the incident occurred.
Despite the Plaintiff’s preservation request for three hours of video (2 hours before the incident and 1 hour after), which was received by Target days after the incident occurred, Target only preserved one hour of footage (30 minutes before and 30 minutes after the incident). The store’s surveillance, however, only showed part of the incident since the area where the fall occurred was obscured by a merchandise display. As a result, the floor and any substance that may have been on the floor could not be seen on the surveillance video. Target argued that even if there were a duty to retain additional footage, the Court would need to speculate on the value of such footage. The Plaintiff’s assertion that more footage would have revealed the source of the water was speculative, given the obscured view in the existing footage. Additionally, there was no indication in the surveillance video that any customers or Target employees observed a spill or substance on the floor preceding the incident. While Target employees did traverse the area shortly before the fall, an overlooked detail by the plaintiff was that subsequent guests also passed through the area, potentially creating the hazard after the employees’ inspection.
The Plaintiff failed to provide evidence regarding the creation of the hazard, its duration on the floor, whether any Target employee was aware of it, or any history of similar incidents in the area. Target’s motion for Summary Judgment was granted.