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Naples Florida Slip and Fall Lawsuit Alleges Breach of Duty of Care

In this case, the substance was more unusual: suspected bird poop.

But it was no laughing matter.

Patricia Nicola of Estero was viewing nature and snapping photos at Corkscrew Swamp Sanctuary in Naples on Dec. 8, 2007.

That's when her right foot stepped on brown feces or mud on a damp boardwalk, causing her to skid several feet and fall, severely fracturing her right shoulder, according to a lawsuit she filed recently against the National Audubon Society, which owns the sanctuary.

"Despite the fact that the boardwalk was littered with these various accumulations of leaves and other droppings and was exposed to damp conditions, the defendant failed to clean the boardwalk to provide business invitees such as (Nicola) with a clean and safe area to walk, nor did defendant maintain the boardwalk with an effective skid-resistant surface," the lawsuit alleges.

The lawsuit also contends that there are no signs or notices warning the public that the boardwalk was slippery or that conditions could be slippery.

The lawsuit, filed in late May in Collier Circuit Court, is assigned to Circuit Judge Hugh Hayes.

Nicola's attorney, James L. O'Leary II of Bonita Springs, declined comment because it's pending litigation.

T. Grand, a spokesman for Audubon of Florida, also declined comment on the suit or similar litigation.

The lawsuit seeks compensation for Nicola's injuries: significant and permanent loss of an important bodily function, disability, pain and suffering, disfigurement, mental anguish, loss of capacity for the enjoyment of life, medical and related expenses in seeking a cure, aggravation of a previously existing condition or disease, and lost wages.

The lawsuit alleges that Nicola paid the admission fee to view nature and that the defendants knew or should have known of the condition and owed a duty to exercise reasonable care in the maintenance, inspection, repair, warning, or mode of operation of sanctuary.

The lawsuit alleges the Audubon Society was negligent and breached its duty of care.

"The accumulation of leaves and other droppings on the boardwalk from the plants, trees, and wildlife, and the damp slippery boardwalk itself, created a foreseeable zone of danger to (Nicola) on the morning of Dec. 8, 2007," the lawsuit alleges.

Aisling Swift
Reporter, Naples Daily News
June 14, 2008

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