Port St. Lucie Resident’s Suffers Trip & Fall Injury in Publix Parking Lot
Our client, a 67 year old retired accountant, tripped over a black parking lot bumper painted the same color as the parking lot. This occurred in the Publix shopping mall in Port Saint Lucie Florida. Our client was unable to see the bumper as it was the same color as the street.
Publix and the landowner had a duty to make sure the parking bumpers were easily visible and did not create a tripping hazard.
After falling, our client complained of back and neck pain. An ambulance came to the scene and took him to the emergency room.
Exacerbation Of Pre-Existing Injuries
Immediately following the accident, one of our Port St. Lucie Personal Injury Attorneys went to the scene of the accident and took pictures of the scene.
After release from the emergency room, the client began to treat with a local chiropractor. The doctor ordered several diagnostic tests, including an M.R.I. The tests indicated that the client had suffered a cervical herniated disc at the C 4-5 level. Additionally, the client was diagnosed with a disc injury in the lumbar region at L 4-5.
The client had previously suffered a low back injury in a worker’s compensation case 10 years before this trip and fall. It was concluded that this new accident made the prior accident worse, and possibly would need surgery to repair. A local spine surgeon confirmed all of the findings as accurate.
Knowledge Or Notice Of Dangerous Premises
In our case it was obvious that the landlord or premises owner was aware that the parking bumpers were painted black. Knowing this fact, they should have concluded the condition was dangerous.
Our client remains in constant pain, as he considers the future surgery recommended.
Dell & Schaefer successfully resolved his case with the land owner’s insurance company, Travelers Insurance. Travelers paid for the medical bills, pain and suffering and much of the potential future medical expenses.