Our client contacted our office after she was injured by slipping and falling while exiting a convenience store. Our client was walking towards the parking lot, when the poorly and inadequately marked striped painting on the handicap accessible ramp caused her to believe that she was stepping onto the flat surface of the parking lot when, in fact, she had stepped onto the sloped surface, causing her to lose her balance and fall face first onto the concrete pavement. The loss of balance was so unexpected that our client had no opportunity to soften the impact of the fall.
Due to this incident, our client fractured two teeth, required a crown implant replacement, and chipped a tooth. Our client also developed a hematoma in her left breast as a result of the impact she experienced during the fall. Our client had swelling and painful bruising to her nose and eyes for over thirty days following her fall.
Given that the injury occurred outside of the convenience store, determining what entity would be liable for our client’s injuries was a challenge. After both the property manager and the convenience store indicated that the other entity was liable for the location where the injury occurred, we had to spend significant efforts obtaining a liability determination from the convenience store.
After our client had completed her treatment, we submitted a “Demand” to the insurance company for the convenience store, requesting our client be compensated for the injuries and damages she incurred from her fall.
When it came time to negotiate settlement with the opposing party, we vigorously fought for our client to be fully compensated for her treatment costs and the cost of the future dental work that she would need to undergo to restore her mouth and teeth to their condition prior to this fall. We were able to significantly increase the total demand amount from the insurance companies original offer and our client will now receive full compensation for her past treatment, the cost of her required further dental treatment, and a lump sum for her pain and suffering. This is a great outcome for our client, especially given the dispute in liability! Our client is very satisfied with the result!
DISCLAIMER:
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.