Graveyard Mishap Merits $100,000 Settlement for Joshua A. Diamond and Client

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Attorney Joshua H. Diamond was able to win a $100,000 settlement on behalf of a woman who tripped and fractured her shoulder while visiting her husband’s grave at a Florida cemetery.

Coral Gables Personal Injury Lawyer

Coral Gables Personal Injury Attorney

Recently, the owners of a Florida cemetery were pulled into a legal battle when a visitor tripped while laying flowers on her deceased husband’s grave (Delgado vs. Our Lady of Mercy Cemetery, Case No. 11-23101 CA 31, Miami-Dade County Circuit Court). The plaintiff claimed, per court documents, that she tripped and fell on the uneven ground at the cemetery as she was kneeling down. She also alleged that had the cemetery hired groundskeepers that properly leveled the ground, she could have avoided her painful injuries.

Per court documents, this 64-year-old woman was diagnosed with a comminuted fracture of the humerus after her fall. According to Attorney Joshua H. Diamond, P.A., slip and fall cases like this one can happen on public or private property and occur inside or outside. Guests, customers, or attendees who are injured while visiting a location may be able to sue the property owner if they incur serious damage. This is because property owners are expected to maintain a safe environment for their guests, customers, or tenants.

In locations where elderly individuals are frequent visitors, property owners are responsible for painting curbs or highlighting the edge of steps so that these individuals will not tumble. Cemeteries are not an exception to this rule. It was the argument of the plaintiff that this Florida cemetery’s failure to maintain safe and navigable grounds resulted in the 64-year-old plaintiff’s trip and fall incident.

Following the incident, the plaintiff hired Attorney Diamond to handle her case and help her develop an argument against the cemetery. The complaint went to court, where Attorney Diamond called in a cemetery expert to help. Per court documents, this expert showed photos that revealed poor landscaping and attested to the fact that the cemetery was responsible for the plaintiff’s injury. Attorney Diamond claimed that the sod on the grave was not even with the surrounding grass and was therefore a natural trip hazard.

The defense counsel representing the cemetery argued that the sod was properly laid and claimed that the plaintiff only tripped because she was not looking where she was going. The court agreed that the plaintiff may have been 55 percent liable for the injury, but also found that the cemetery played a part in the incident. According to the Florida court, the cemetery was held as 45 percent liable; they were ordered to pay $100,000 in damages. This case was successful in part because Florida upholds that defendants in premises liability cases may be required to pay compensation even if the plaintiff was found to be partially at fault.

Trip and fall cases are common in the United States and are often an issue of premises liability. Many individuals, particularly older Americans, may trip on an uneven sidewalk, a barrier in a walkway, or an unmarked step. People also slip in wet puddles that are left on slick floors or may tumble down a steep hill that has no guard railing. In America, property owners who use their land for commercial use or have visitors frequently are expected to maintain their land so that they reduce the risk of a trip and fall accident. When victims are injured in a trip and fall accident like this one, Attorney Diamond can help. He understands how to tactfully present evidence and call the right witnesses or experts to work towards proving liability in a case.

Attorney Joshua H. Diamond is a Coral Gables personal injury lawyer who is dedicated to helping the residents of his city following a wrongful injury caused by the negligence or carelessness of another. No matter whether a victim is harmed in a slip & fall incident or any other form of personal injury, Attorney Diamond wants to help. He is a member of the American Association for Justice, Miami-Dade Justice Association, Coral Gables Bar Association and Lawyers of Children America, the Dade County Bar Association, and the Florida Justice Association. To learn more, visit:

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Joshua Diamond

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