Despite lack of video, Fort Lauderdale Attorneys Earn $40K Settlement
When you slip and fall in a restaurant or other establishment, the fall will oftentimes be caught on camera. Businesses typically utilize video cameras in order to capture shoplifters, falls, etc. After you fall, you may not request to view this videotape. After all, you may be in such pain that you do not think of it at first. If you don’t request a copy of the videotape, you may later feel that your case is doomed.
This isn’t necessarily true. There are other ways besides a videotape to prove that a slip and fall occurred — such as witnesses, the presence of injuries, etc. The story below illustrates the point.
Fort Lauderdale Slip & Fall Results in Knee Injuries
Our client was a 62-year-old accountant. At the time of her fall, she was making a purchase in a Dunkin Donuts restaurant in the Fort Lauderdale airport. After she was finished making her purchase, she began walking out of the restaurant. Unfortunately, before she could finish leaving the restaurant, her foot encountered a puddle of water on the floor in the restaurant and she fell to the ground. Our client badly injured both of her knees.
Because she was immediately in pain, our client did not take a minute to think that the accident was probably captured on video. Most restaurants carry surveillance videos intended to target shoplifters or falls. Instead of thinking about such a videotape, our client thought about her badly damaged knees.
Within weeks, our client was in the office of an orthopedic surgeon. The surgeon ordered an MRI to be taken of our client’s knees. The MRI results revealed that our client’s left knee was badly damaged and required surgery. Six months after the accident, after much physical therapy, our client finally underwent the procedure. Her surgeon performed an arthroscopic surgery on her knee.
Fort Lauderdale Slip & Fall Lawyers Dell and Schaefer Settle Case for $40,000
After the accident, our client was in communication with the insurance company for the restaurant. The representative from the insurance company told our client that there was no proof that there was any water on the floor. No store employees had seen it. No witnesses had seen it. The only person who had seen the water on the floor was apparently our client.
Our client thought to herself that there must have been a surveillance camera in the restaurant. After all, she thought, most restaurants carry surveillance videotapes in order to catch shoplifters and view falls like hers. Nevertheless, our client realized that any such surveillance videotape was probably now long gone. After all, it had been months since the fall.
Fortunately, our client contacted the Fort Lauderdale Slip & Fall Attorneys at Dell and Schaefer. We told our client that the problem regarding the lack of surveillance could be overcome. Our client hired us to represent her on the case.
We argued to the insurance company that, although there was no intact surveillance videotape at that point, our client was an extremely credible witness. She was a CPA and came across as a very believable person. Also, we argued, the medical records showed that our client’s knee problems began right after the accident. She had never had any knee problems before this fall. It was not simply a coincidence that her knee problems began right at the time she was in the Dunkin Donuts. Her knee problems began because she had a fall, and she had a fall because of the puddle of water in the restaurant.
We also argued that her injuries were very difficult for our client to deal with. As mentioned, our client was a CPA. Her knee surgery came at a very hard time for a CPA, only a couple months before tax season. The injuries and consequent surgery caused much physical and mental strain for our client that she couldn’t really afford at that time.
As a consequence of these arguments, we were able to settle our client’s case for $40,000. She was very happy with the result. In spite of the lack of surveillance footage, she now had a very good outcome.
This particular client was very fortunate. Do not count on such a good result. If you slip and fall in a restaurant or other public place, your fall may have been captured on surveillance videotape. Ask to see the video and, if possible, ask for a copy. It may prevent an insurance company from later arguing that the fall didn’t happen. Whether your fall has been captured on video or not, contact the Fort Lauderdale Slip and Fall Attorneys at Dell & Schaefer. We will get you the compensation you deserve.