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.