The plaintiff, an insurance adjuster, slipped on a wet floor at local restaurant. What happened: The plaintiff was eating out at a local restaurant. She went to use the restroom and on her way slipped on a surface that was covered with some type of liquid. As a result of the fall, the plaintiff suffered a fracture to her wrist. The plaintiff was kept out of work for approximately two months during her recovery. Her surgery required screws to be put in place so that her wrist would heal properly. After several months of physical therapy the plaintiff was able to return to work.
The case was settled for $150,000.00 before filing a lawsuit.
KEY LEGAL STRATEGY:
Critical to the plaintiff's case was obtaining evidence that the defendant knew or should have known about the surface on the way to the bathroom. We were fortunate to find the plaintiff's waitress who was willing to testify that during her employment with the restaurant a carpet was always in place where the plaintiff slipped. She did not know why the carpet was not in place at the time of the plaintiff's injury. We believe that this key witness was crucial in our recovery. Slip and fall cases are always very difficult. Preservation of evidence is often hard to do because if the injury is serious the plaintiff usually goes to the hospital or other healthcare provider right away. Defendants, property owners, are likely to remove or get rid of evidence that might harm them. If you or anyone in your family has been injured in a slip and fall, please give our office a call to discuss your potential case.