The case revolved around an incident that occurred in a local food store, where the plaintiff experienced a fall in one of the store's aisles. While video footage captured the fall itself, it failed to provide conclusive evidence regarding the cause of the fall or the duration of the hazard on the floor. The plaintiff was unable to establish what led to her fall or how long the potentially dangerous condition had existed.

Notably, they were not permitted to utilize a Mode of Operation theory as the court found that the theory had been eliminated with the change in the statute.

Mr. Berger's successful pursuit of a final summary judgment in this challenging case sheds light on the potential benefits of seeking such judgments more frequently.

About Thomas A. Berger

Tom Berger maintains a general practice that provides him with a broad range of legal insight into claims disputes involving Florida insurers and their insureds. The types of cases he handles include:

• Slip and falls
• Auto personal injury defense
• Product liability
• Construction defects
• Homeowner association and condominium disputes

Tom is an experienced trial attorney who has tried seven cases to verdict in the past two years. His trial experience is in state court and he has mediated settlements from Fort Pierce to Key West, including the counties of St. Lucie, Martin, Palm Beach, Broward, Miami-Dade and Monroe. He has also argued appeals before the Florida Fourth District Court of Appeals.

His work in auto cases includes the defense of bodily injury and uninsured motorist claims. His experience with slip and fall injury cases includes a range of premises situations in retail, restaurant or other business properties. Product liability claims handled by Tom include power saws and other industrial or construction equipment.

In the area of construction defects, he represents general contractors and subcontractors in all aspects of construction from watertight issues to roofing, railings, doors and housing substructures. Many of the disputes he has handled involve high-end residential projects, including one property valued at $40 million.

His HOA case experience includes the defense of board members under errors and omissions (E&O) policies against allegations of fraud, selective enforcement or breach of fiduciary duty.

Tom serves as a Community Representative at Large on the Construction Oversight Review Committee (CORC) for the School District of Palm Beach County, a voluntary position he has held since 2005.

Tom was born in Cleveland, Ohio but raised in Boca Raton Florida.  He is married with three adult children