Case Background:
While dining out at a well-established chain restaurant, an elderly woman slipped and fell as she attempted to exit the building. She had unknowingly stepped into a large puddle resulting from a spilled tray of drinks, and the spillage area had been obscured due to the dim lighting of the premises. Despite the spill being reported by other patrons to management an hour prior to the incident, no action was taken to mark or clear the area.
The accident victim sustained a broken hip and bruises to the right side of her body, which required a hospital stay and subsequent nursing home care.
Challenge:
In slip and fall situations, placing liability upon the property owners can be difficult because people as individuals are expected to be aware of their surroundings and avoid potential pitfalls that would normally cause a fall. However, in this circumstance, there was no way for the victim to have known of the dangerous area. The restaurant management was held accountable for the incident because it knowingly did not take action to clean the spill or warn patrons of slip danger.
Result:
The ICML team was able to fully pursue the restaurant for negligence and prove the victim’s claim to insurance adjusters to ensure she was awarded full compensation for her medical treatment and therapy care. Our team worked diligently to assist with trustworthy nursing home placement and continues to follow her progress back to full health.