Kelley Kronenberg Business Unit Leader Aaron Neifeld secured dismissal of a negligence claim against a product manufacturer in the U.S. District Court for the Southern District of Florida. 

The plaintiff alleged she sustained injuries to her foot when bottles of cleaning product fell from a retail store display. She sued both the retailer and the product manufacturer, seeking $500,000.00 in damages. The highest demand was $1,000,000.00. 

Aaron moved to dismiss, arguing the plaintiff failed to allege any facts establishing a legally recognized duty owed by the manufacturer. Under Florida law, the duty to protect invitees from injury resulting from dangerous conditions on premises rests on the right to control access to the property. The plaintiff’s own complaint alleged that the retailer, not the manufacturer, was in control of the store where the injury occurred. 

The plaintiff attempted to characterize herself as a business invitee of the manufacturer, but the Court found this argument refuted itself. The plaintiff alleged no facts showing the manufacturer had any right to control access to the retailer’s property, maintained the product display, or had any presence at the store. The complaint contained only conclusory statements and boilerplate allegations of breach without supporting facts. 

The Court granted the motion to dismiss, finding the plaintiff fell “woefully short” of the pleading standard under Twombly and Iqbal. The negligence claim against the manufacturer was dismissed. 

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