Our client was shopping at a big box retailer. The client tripped and fell over an item in the aisle. We pursued a Personal Injury case against the owner of retailer.
The defense by the retailer was that the item in the aisle “open and obvious”. Our claim on behalf of our client was that the item in the aisle created a dangerous condition to customers. The challenge was overcoming the very potent “open and obvious” defense.
For more than one year the was no offer to settle the claim. Then the retailer made an offer of $25,000. This offer was rejected and we continued to prosecute the case. The case has settled for $76,000.