category: Premises Liability,Slip & Falls
$300,000 Premises Liability Settlement
$300,000 Premises Liability Settlement. Our client was a 70-year-old individual who was injured while walking across the parking lot on a winter evening while trying to enter a store. They fractured their left arm, shoulder, hand, and wrist when they hit the pavement. These injuries required considerable surgical interventions involving substantial plates, bars, and screws and which yet remain in place. Physical therapy and medications were provided over a long period of time. Future medical needs include medications and cream for pain reduction and an increase in comfort. All medical treatment ultimately culminated in medical charges totaling over $120,000.00. This client also incurred $6,000.00 in wage losses.
Our client was left with significant restrictions with mobility, strength, and stamina in the extremities affected. Arthritic changes have already developed and are expected to increase in the affected joints. This client was a very active person before this incident and has now been limited in so many passions and activities once enjoyed. Questions arose from the defense about the client’s walking and being unable to see and not stepping when needed to do so. Our side of the situation was that it was dark, with improper lighting, and without proper designations of raised areas of sidewalks/curbs to gain entry to the store. There were questions raised of the division of blame for this event, with the argument by the defense that should our client be more than one-half at fault, there would be no recovery allowed by law. We urged that the duty for a safe entrance to the business was breached and the rightful path the client chose for safe entry to the store was compromised by the defendant omitting curb markings and allowing vehicles to encroach the curb contributing to the fall risk and significant client injuries and damages. This case was formally mediated and an agreement was reached for a gross amount in the moderate six-figure range.