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.