9 Year-old Girl Slips and Falls at a Hialeah Winn-Dixie Suffering Knee Injury
A 9 year-old girl slipped and fell at a Hialeah Winn-Dixie in a large puddle of water that was apparently leaking from a freezer. She was shopping with her mother when they decided to grab some ice cream from the frozen foods section of the store. Of course, our 9 year-old client was very excited as she was going to be getting her favorite treat and so she walked ahead of her mother, who was shopping with a cart behind her, to grab the ice cream out of the freezer. Unfortunately, the child never got to enjoy the ice cream as she slipped and fell in a large puddle of water which was leaking from one the freezers in the isle. She fell onto her right knee and remained on the floor drenched in water. Our client’s mother immediately knew something was wrong with her daughter because the girl did not get up on her own and instead, remained on the floor crying and writhing in pain.
9 Year-old Girl Injures Knee in Slip and Fall
Our client’s mother immediately called 911 and reported the incident. EMS responded to the store and picked the young girl up from the Winn-Dixie and took her to the nearest hospital. Our client was crying and complaining of right knee and lower back pain. X-rays were taken of the knee and low back. Our young client was diagnosed with a knee sprain and discharged with instructions to seek follow-up care and physical therapy. Our client’s mother reported having no intention of hiring an attorney and instead, she tried to work with Winn-Dixie risk management to have her daughter’s medical bills paid. Unfortunately, Winn-Dixie risk management refused to help in any way, forcing our client’s mother to seek legal representation.
Hialeah Slip and Fall Attorneys Dell and Schaefer are Hired to Pursue Claim Against Winn-Dixie
Upset with the way she was treated throughout the entire process, our client’s mother called the Law office of Dell and Schaefer asking for help with her daughter’s case. Our attorneys immediately made the claim against Winn-Dixie and helped our young client get the medical attention she needed. She was able to visit an orthopedist who referred her for physical therapy after determining she suffered a knee and low back sprain in the fall at Winn-Dixie.
Winn-Dixie Denies The Claim
Risk management from Winn-Dixie initially denied the claim arguing that because of the young age of our client, there was no way she could’ve suffered a significant injury. They never argued that the freezer was not leaking or that the water was not present on the floor. They merely argued that because no bones were fractured, there was no need for compensation or continued medical treatment. Our client’s doctor disagreed and explained that without proper medical attention and physical therapy, our client may continue to suffer of painful symptoms and could even potentially end up with a growth defect due to her young age.
Hialeah Slip and Fall Attorneys Dell and Schaefer Threaten Lawsuit
Our attorneys also disagreed with Winn-Dixie’s position and prepared to file suit against them. We argued that because of the fact that our client was so young, her life expectancy was much longer than an adult and therefore, her potential future pain and suffering was enormous. We rejected the idea that she should not be compensated for a sprain, which may be considered a minor injury, and we were prepared to ask a jury for compensation.
Case Against Winn Dixie Resolved Without Need to File a Lawsuit
Finally, several months after our young client injured her back and knee, Winn-Dixie decided to make an offer of settlement. Our attorneys negotiated a fair settlement that would not only pay all of our client’s medical bills but would also provide her family with enough money to cover future medical expenses. She was compensated enough to afford physical therapy for many years to come and her parents were comforted in knowing that their baby girl would not have to go without medical attention should she need it.
12 comments
I am a nurse and slipped on a puddle of water that two Winn Dixie employees were aware of and injured my right knee and left hamstring. I did not seek medical care and was off work for 5 days. I am just trying to heal it myself. Still have discomfort more than 6 weeks later. I sent a demand letter and I am sure that I will be declined. I guess that I will then seek out legal assistance. This story is nearly the same scenario that I face.
Kim,
You should be cautious handling this on your own. Also, without seeking medical care it will be very difficult for you to make a claim. You must seek medical care, otherwise the law provides very little relief or compensation for you. If your injuries are minor and you made a full recovery in a short period of time, then it would likely not be a case that you would want to pursue. Contact us if we can assist you.
An employee was pushing a commercial cart with high-stacked boxes containing produce and fruit cup. The boxes fell on my head, neck and back. I was transported via ambulance to Tampa General Hospital and I was diagnosed with back and knee pain. My left side from neck to hip is sore. Is it a good idea to try and work it out with corp (Winn Dixie, Tampa)?
Marsha,
I am sorry to hear about your injury. You should never try to work out a claim with Winn Dixie on your own. A store like Win Dixie will never fairly compensate you for your injuries unless you have proper legal representation. Please call us at 800-383-7583 to discuss your potential claim.
My 11 year daughter just slipped and fell in Winn Dixie on 12/15/13 and had place on crutches and a knee immobilizer. What do I do now?
Calandra,
I am sorry to hear about your daughter. Please contact us immediately at 800-383-7853 and we will do whatever we can to see if your daughter has a claim against Winn Dixie.
I was starting a BBQ using charcoal and lighter fluid from Winn Dixie and when lighting the pit the container severely cracked when squeezing it and the fluid splattered all over me and the pit and caught me on fire. Luckly I had a fire extinguisher right close by and was able to quickly put it out before any severe damage. I tried contacting Winn Dixie about it but they probably didn’t think it was important enough. They never contacted me back. I saved the container as it didn’t seem brittle but it cracked like an egg.
Jacob,
If you were injured then we would be able to assist you. If you were not injured, then there is no claim.
I was recently a victim of a fall at Winn Dixie. That had a rug that was torn at their door that eventually snatched me down. I only requested that they fill out an accident report and I myself took pictures of the rug just to show family how this fall took place because at the time I didn’t believe I was hurt. I left and decided to get checked out and found out. It has now been two days and the skin is trying to return to my knee that is also very swollen and it is also very bruised and I am now experiencing lower back pain and I am confused as to my rights. What should I do?
Not to mention by the way they never even filled out and accident report and I found that out when I called and asked for a copy. Now they are contacting me wanting me to provide them with more information.
Sam:
This is a common dangerous condition and you could have a very good case against Winn-Dixie. The question will be the extent of you injuries. You need to seek medical attention at an Urgent Care Center or doctors office as soon as possible. Please contact us and we will discuss how we can assist you.
I slipped and fell in W/D last Thursday on some milk that wasn’t reported so it could be cleaned up. I have not been to Dr yet but am considering going this weekend to make sure no major damage done. A rep from W/D called me Monday to check on me, etc.. During our conversation he advised me that they do not pay medical reimbursement in cash, that they pay in W/D gift certs… Could this be true??
KK,
If you have injuries that were caused by Winn Dixie, then you have the right to receive a cash recovery. Gift certificates can be part of negotiation, but it is not the norm. If you give us a call we can discuss your claim with you. You need to seek medical treatment immediately and be specific about what happen to you when you see the doctor.