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25 year-old Miami Beach bartender breaks toe at Publix on Dangerous Escalator


Throughout the past 30 years we have handled over 100 claims on behalf of individual that have been injured while shopping or visiting a Publix Supermarket. In this particular case, we were able to prove that a dangerous escalator caused a serious injury to our young client. A 25 year-old bartender was injured at a Publix on Miami Beach when her right pinkie toe was trapped by a piece of metal protruding from the side of a pedestrian conveyor belt designed to help customers transport their shopping carts to the second floor of a parking garage attached to the Publix. She had completed her grocery shopping and was on her way to her vehicle when her right pinkie toe became trapped by a piece of metal negligently protruding from the side of the conveyor belt, snapping her pinkie toe back, fracturing the toe. This was an extremely painful injury which caused our client to fall to the floor writhing in pain as she continued to move along the conveyor belt. She was immediately rushed to the hospital by ambulance where it was determined that she fractured her fifth metatarsal (pinkie toe).

Miami Beach personal injury attorneys Dell & Schaefer investigates injury claim

Though she did not immediately understand what trapped her toe and caused her injury, it became apparent that something was wrong with the Publix conveyor belt. The attorneys at the law office of Dell and Schaefer were hired to determine whether there was any liability on behalf of Publix. Our attorneys immediately hired an investigator who was shown the exact area where our client was injured. The investigator was able to determine that there was a small piece of metal protruding from the side of the conveyor belt which was not necessary and appeared to be erroneously left on the conveyor belt. It was also determined that because our client was wearing open-toed shoes, her toe was able to be trapped by the metal which was fixed on the bottom side of the conveyor belt, snapping her toe back as she went by.

Accident attorneys Dell and Schaefer prepare to file suit

Initially, the insurance adjuster for Publix refused to admit negligence on behalf of Publix and thus, denied the claim. We were left with no choice but to file suit against Publix. Our attorneys prepared to file suit and intended to argue that the piece of metal on the side of the conveyor belt created a dangerous condition for customers and although many customers were unaffected by the condition, our client was unlucky enough to be wearing open-toed shoes at the time of her injury, leaving her susceptible to this type of injury.

Attorneys Dell and Schaefer settle the case against Publix without filing a lawsuit

Just prior to filing a lawsuit Publix agreed to resolve our client’s claim. Though our client suffered a very painful injury to her toe, she required no surgery and thus, her medical bills were very minimal. Because her fracture was non-displaced, it healed relatively quickly and thus, our client was able to walk without the use of a boot or crutches within three weeks of her injury. The settlement was large enough to pay her medical bills and compensate her greatly for her pain and suffering plus three weeks of lost wages. She reported a great sense of relief knowing that her medical bills and lost wages were paid and that she would not be a party to a lawsuit.



3 comments

Wednesday, November 14, 2012
Bridget Perry:

I went to a Publix store this morning and there was a display ledge with fall cookies protruding out from the counter. Once I received my pastry, I severely bumped my leg which, in turn, caused swelling and discoloration of my leg (though temporary), the area remained red and somewhat swollen well after this fact. The bakery worker did not even ask if I were OK, but only asked if the ledge was sticking too far out? I was really angry, because she seemed more interested in it, more than my injuries. I complained to the customer service worker, and 1 1/2 hours later I returned to the store to file a form. I also have pics of the injury. I could not file right then as I would have been late for class. Although I take the stairs to class, I was enough pain for me to take the elevator. Please let me know if I have a legitimate case or not. Thanks.

Thursday, November 15, 2012
Attorney Greg Dell:

Bridget,

Thank you for question. It seems as if Publix may have created a dangerous condition and could possible be liable for your injuries. It may not be worth pursuing a case because it seems that you may have made an extremely quick recovery. If you sustained an injury that is going to cause you some long term problems, then it is definitely worth pursuing a claim against Publix. If you incurred medical bills, then it may also be worth pursuing a claim against Publix for your injuries. Feel free to call us to discuss further.

Thursday, July 10, 2014
Daisy Lee Myers:

Ed Crenshaw, CEO
Publix Stores, Inc.

Dear Ed Crenshaw:

A  customer, age 90 lost his balance and fell backwards on your escalator. I provided first aid while waiting for the EMS unit of Miami Beach.
I was surprised over your “limited first aid kit” and no AED for cardiac use.
I know there are ordinances that require businesses to have an AED.
Any chance you may do the right thing and get AEDs in your heavily populated elderly communities? Safety and saving lives are paramount.
Thank you for your time and cooperation with this matter.

Sincerely,
Daisy Lee Myers, RN
6880 Abbott Ave
#301

Miami Beach, Fl. 33141
305 866 8490

DaisyMyers@WebTV.net

PS. The incident happened at Publix 6876 Collins Ave
Miami Beach, FL. 33141. Time: 1:20 PM. Date: July 9, 2014, Wednesday

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