Retailers have a responsibility to offer a safe shopping environment for their customers, which includes correcting unsafe conditions. If a store fails to fulfill its responsibilities and a customer is damaged as a result, the injured party may be able to file a civil lawsuit seeking damages. Plaintiffs in personal injury cases must adhere to any applicable pleading rules, though, or their claims may be dismissed. This was demonstrated by a Florida court’s recent decision to dismiss the plaintiff’s lawsuit after determining that her complaint was a shotgun pleading. If you were injured in a retail store accident, you may be able to recover damages, and it’s a good idea to speak with a Florida personal injury lawyer about your options.
The History of the Case
The plaintiff allegedly tripped and fell in a puddle of water while she was shopping at the defendant’s retail establishment. She sustained serious bodily injuries and instituted a case against the defendant, asserting only one claim of negligence. The plaintiff then filed an amended complaint, alleging vicarious culpability and loss of consortium under the negligence count, after the defendant moved the case to federal court. The defendant subsequently moved to dismiss the amended complaint, claiming that it was a shotgun pleading with conclusory accusations.
Pleading Requirements in Personal Injury Cases in Florida
The court ultimately agreed with the defendant and dismissed the amended complaint without prejudice. The court clarified that a shotgun pleading is a pleading where the plaintiff fails to divide various causes of action into separate counts as required by the pleading standards set forth in the federal rules of civil procedure. In the subject case, the court noted that the modified complaint contained a single negligence claim, but the plaintiff nonetheless asserted numerous additional causes of action within that count. Continue reading