Case Background:
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 the retailer.
Challenge:
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 for customers. The challenge was overcoming the very potent “open and obvious” defense.
Result:
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.