Hollywood slip and fall accident settles for $120,000
Author: Attorney Daniel Villalobos
Client Slips and Falls In A Department Store
Our client, a middle aged man, was walking in a department store. Due to a confidentiality clause we are unable to disclose the name of the company. However, it was a major department store located in Hollywood, Florida. As he was walking in the sports isle, suddenly and without warning, he slipped and fell on a puddle of water. It was not known how the water got there but it was a large puddle of water that had rocks, hairs, and other floor debris scattered throughout the puddle. Immediately after the fall our client felt pain in his upper and lower back. He called the Hollywood Slip and Fall Accident Attorneys Dell & Schaefer.
Client Begins Treatment
Within a week of the fall, the pain had not subsided. As a result, our client sought the care and medical treatment of a local chiropractor. The chiropractor diagnosed our client with a sprain strain to the neck and back. He prescribed our client for an MRI. The MRI showed a herniated disc at L4-L5 in his lumbar spine. Because the MRI showed positive findings on the MRI, our client was referred to an orthopedic surgeon. The surgeon determined that our client should undergo surgery to repair the damage to his spine. Because our client had very sharp pain in his lower back, he decided to undergo the procedure.
Dell & Schaefer Negotiate A Settlement
After the surgery, our firm filed a bodily injury demand against the department store. Our firm sought monetary damages for bodily injury, pain and suffering, loss of consortium, disability, disfigurement, mental anguish, past and future medical expenses, lost wages, and impairment of ability to earn future wages. The department store originally denied the claim arguing that they had no notice of the water on the floor. Our firm quickly countered that the standard in Florida is not whether the department store knew there was water on the floor, but whether the department store should have known that there was water on the floor. We reasoned that because the puddle of water had rocks, dirt, hair, and other debris in it, that the water had to have been on the floor for a substantial period of time. We argued that because the water was on the floor for a substantial period of time, that the employees of the store should have been aware of the water on the floor. The department store reconsidered their denial and the case settled for $120,000.
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