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Ft. Lauderdale Woman Hires Attorneys Dell & Schaefer After Fall at Winn Dixie on Cherries


A 32 year-old Fort Lauderdale mother of three broke her wrist at Winn-Dixie when she slipped on some fruit that was mashed and left on the floor in the produce section of the store. She was shopping with her youngest child in town when she decided to grab some produce for her family. She was pushing her cart through the produce section of the store, headed toward the cherries when she slipped and fell on what appeared to be several mashed cherries. Though she did not know exactly what type of fruit it was at the time she fell, it was deduced that she slipped on mashed cherries because of the color and consistency of the fruit as well as the fact that several small pits were left within the mashed fruit.

Mother of three breaks wrist after slipping on mashed cherries

She was fairly positive that she had fractured her wrist as she lay on the floor because of the feeling of intense pain coupled with the fact that she felt she did not have a good command of her hand. Several witnesses helped her off of the floor and an ambulance was called to the scene. The ambulance transported her from the store to the hospital where an x-ray of her wrist was taken. The x-ray revealed a non-displaced fracture of the wrist. The attending physician bandaged the wrist and supplied a splint, instructing our client to use the splint for several weeks and to seek follow-up care with an orthopedist.

Fort Lauderdale slip and fall attorneys Dell and Schaefer take on the case

After waiting a few days and trying to handle the case herself, our client realized that she needed legal representation and hired the Slip and Fall attorneys at the Law Office of Dell and Schaefer to pursue a claim for compensation against Winn Dixie. She felt as if that risk management company hired by Winn Dixie was not going to help her pay outstanding medical bills and lost wages. She also reported being told that this accident was her own fault and therefore, Winn-Dixie felt no duty to help her. Risk management retained by Winn-Dixie was argued that because cherries are dark in color and the floor was a very light color, our client should have seen the cherries mashed on the floor and should have been able to avoid slipping on the mashed cherries. They did not argue that the fruit was not present on the floor but stated that their employees are told to walk through the produce section multiple times per hour and as such, the fruit could not have been on the floor for a significant period of time.

Attorneys Dell and Schaefer threaten a lawsuit against Winn-Dixie

Our attorneys did not agree with the argument that the fruit could not have been on the floor for a significant period of time. We prepared to argue that just because an employee is told to do something it does not mean that it was definitely done. In this case, the fruit on the floor appeared to have been mashed, meaning that at least one person had the opportunity to step on it before and possibly ran it over with their shopping cart. We argued that it had to have been there for at least several minutes to be left in a mashed state. Winn-Dixie refused to accept liability until we began to prepare the case for lawsuit. Finally, several days before the filing of a lawsuit, Winn-Dixie agreed to make payment on the claim and settlement was achieved.

Our client’s medical bills were minimal as she did not require any surgery and only visited the orthopedist one time for a follow-up. The wrist healed on its own and over time, our client reported full command of her hand and diminished pain. The settlement was able to pay all medical expenses and attorney’s fees as well as provide our client with adequate compensation for her pain and suffering.



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