Brevard County Slip and Fall Attorneys Dell & Schaefer Settle Case for $55,000 In Spite of Client’s Comparative Negligence

When you are injured in a fall, the defense attorneys on your case may argue that you were “comparatively negligent.” That is, the attorneys may argue that you yourself contributed to the fall. You may share some of the responsibility for the accident.

Nevertheless, if you are injured in a fall in which you may share some of the blame, you may still receive compensation for your injuries. The fact that you shoulder some of the responsibility does not excuse the defendant for its negligence. The following is a good illustration of the point.

Brevard County Slip and Fall Results in Foot and Ankle Injury

Our client was the forty-year-old mother of three young children. At the time of her fall, she was shopping in a store in Brevard County, Florida. It was an extremely rainy day. Immediately before the fall, our client had walked from her car into the store where she ultimately fell. In her deposition, our client conceded that she probably dragged some water in on her feet from the outside of the store to the inside of the store.

In any case, after our client walked into the store, she unfortunately slipped on the ground and violently hit the floor. Our client badly injured her foot and ankle.

Our client was taken to the hospital. There, she was diagnosed with a fractured foot and ankle. Our client was treated at the hospital, released and told to follow up with an orthopedic surgeon.

Our client did just that. Within weeks, she was in the office of an orthopedic surgeon in the area. The doctor took a look at our client’s foot and determined that surgery would be necessary. The procedure was scheduled and, soon after, performed.

Brevard County Slip and Fall Lawyers Dell and Schaefer Settle Case for $55,000

Following her surgery, our client contacted the Brevard County Slip and Fall Attorneys at Dell & Schaefer. We took the case and filed a lawsuit. In her deposition, our client admitted that she had probably brought water in on her shoes from the outside of the store to the inside of the store. This water, she said, probably contributed to the fall. The defense attorneys on the case immediately argued that this meant that their client wasn’t responsible.

Nevertheless, the attorneys at Dell & Schaefer persevered. We took the depositions of several employees of the store. These employees testified that this had been a recurring problem in the store. Water kept getting brought from the outside of the store to the inside by customers.

The Brevard County Slip & Fall Attorneys at Dell & Schaefer thus argued that the employees of the store were on notice of the problem. They knew that water kept getting brought into the store. Because the employees did nothing to eliminate the problem, they were responsible. They did nothing to protect the safety of the customers, including our client.

We also argued that our client was an employee of a restaurant. As such, she was on her feet all day at work. The injury to her foot and ankle clearly made this much harder for our client to do. She was out of work for awhile and, even when she went back, work was much harder for her to do.

These arguments allowed us to settle our client’s case for $55,000. Our client was happy with the result. Even though the argument had been made that she contributed to the accident, she now had a $55,000 settlement.

If you slip and fall injuring yourself and the argument is made that you were somehow partially responsible for the fall, don’t fret. Contact the Brevard County Slip & Fall Lawyers at Dell & Schaefer. We will get you the compensation you deserve.