Slip and Fall Settlements
Retail Store Slip and Fall Settlements
If a retail store fails to have its property free from hazards, customers could find themselves navigating an obstacle course. Many stores fail to keep their premises safe and shopping-related injuries – mostly slip and falls – result in thousands of personal injury claims in the U.S. each year. Whether you slip on salt spilled in the supermarket aisle, trip over ice in the parking lot or fall through a faulty staircase, they are all common “slip and fall” or “trip and fall” accidents that could have been prevented if the accident area was supposed to be maintained and the injury occurred because of that failure.
According to the Center for Disease Control and Prevention, workplace slips, trips and falls are the second highest cause of injuries leading to lost work in general industry and the third most common in the wholesale and retail trade.
The most common Slip and Fall injuries in retail stores that can cause customers to lose their footing or balance include:
• Slipping on wet floors and spilled liquids
• Poor lighting in parking lots
• Inconsistent floor materials, including frayed and torn carpeting
• Merchandise falling from shelves
• Cuts from jagged shelves and display cases
• Defective revolving doors, escalators and elevators
• Failure to clear away or shovel snow or de-ice icy areas
The majority of slip and fall claims involve grocery stores and big-box retailers, particularly busy stores where workers could be rushed and there’s a greater chance of an employee missing a spill on the floor.
Here are some examples of Slip and Fall settlements involving Retailers:
Home Depot Slip and Fall Settlements
In Baynes v. Home Depot, (2011) a woman sued after slipping on an unknown substance in the home improvement store. When the woman demanded that Home Depot produce the video surveillance of the store from that day, Home Depot stated that the relevant part of that day’s surveillance had been deleted. However, the court ordered Home Depot to pay $44,383.61 for her injury.
In Hartner v. Home Depot (2002) , a woman was injured as her shopping cart tipped over, causing a knee injury when she hit a manhole cover that was underwater. The giant home improvement store argued that the plaintiff was to blame for her injuries because the danger was open and obvious. A jury found the store 95 percent at fault and the court ordered Home Depot to pay $950,000.
Walmart Slip and Fall Settlements
In May, 2017 Carmen Rodriguez filed a slip and fall lawsuit against an Orlando Walmart, claiming she was injured due to a problem with the flooring in the store. Garcia asserts that Walmart failed to correct, or replace an unreasonably dangerous condition, and that the store failed to train its employees to inspect the premises on a regular basis for hazards that might cause her injury. Garcia, through her slip and fall attorney, requests a trial by jury and seeks judgment against defendants for damages of more than $15,000. (Garcia v. Wal-Mart Stores East LP, Case No. 17-CA-4691)
Valerie Dantzler slipped and fell on a wet spot on the floor of a Jacksonville Walmart. She recently had surgery on her shoulder for a pre-existing condition, but this accident caused her irreparable nerve damage. Walmart lawyers claimed that safety sweeps were conducted inside the store but had destroyed the security tape that would prove or disprove their claims. Further, Walmart employees didn’t check that the floor was wet when the accident happened. The case went to trial and a jury returned a $1 million verdict. Finding Walmart 80 percent responsible for her accident, she received $800,000.
A Louisiana woman slipped and fell on a wet and soapy floor in a Lafayette Walmart and suffered knee, foot and shoulder injuries. She sued for failing to warn of the potential fall hazard. Walmart admitted wet floor signs were not placed at the time of the accident, but they contested the extent of Plaintiff’s injuries. A jury awarded the 37-year-old woman $130,110.
A 36-year-old man was in a Dallas Walmart to service a trash compactor. When he went to ring the buzzer in the receiving area, he received an electrical shock that caused him to jerk his arm back, resulting in a rotator cuff tear. He sued for negligence–failing to repair the dangerous condition and leaving wires exposed. Walmart claimed wires were not exposed, the voltage could not have caused the injury and said the shoulder injury was degenerative, therefore unrelated. A Dallas County jury found Defendant negligent and awarded the Plaintiff $254,176.
Parents of a young boy had purchased him a bicycle in a Jacksonville Walmart. While attempting to ride his new bike, the handlebars became loose and the boy crashed into a bridge railing. The parents sued for negligence, claiming Walmart failed to properly secure the handlebars to the bike. Walmart claimed Plaintiffs were negligent in failing to maintain the bike properly and that Plaintiffs assumed the risk. The parties agreed to settle before trial for $22,500.00.
A heart surgeon tripped and fell over a trailer hitch in the parking lot of a Sam’s Club and injured his spinal court which meant he could no longer perform surgery. He claimed a safety cone should have marked the trailer hitch, and he was awarded almost $4 million by a Michigan Court.
A retired man slipped and fell on a patch of ice on a Walgreens’ sidewalk. His attorneys negotiated with the store and resolved the claim for $135,000.
Craig Walters slipped and fell on a piece of fruit at a Douglassville Kroger grocery store. He suffered a spinal cord injury that resulted in extensive medical treatment and his inability to return to work. The jury awarded him $2.3 million in damages, after a judge determined that Kroger had destroyed key video evidence of the accident.
A woman filed a premised liability lawsuit after a slip and fall in the Clarenville Shopping Centre in 2013 that resulted in three broken bones in her foot. She is suing The Town of Clarenville, which owns the parking lot; the Chain Store Limited, which owns the mall; Loblaws; and the owner of NoFrills store. According to court documents, she fell due to a pool of water dripping from a pipe that had frozen, creating a dangerous, slippery surface. The woman is suing for damages associated with the accident, including lost wages, medical expenses and court expenses.
Jessica Lewis in 2009 was leaving a supermarket carrying grocery bags when her toe got caught in the mat at the exit and she tripped, twisting her left knee. After two years of pain, she decided to get legal help. After the Examinations for Discovery, her claim was settled in 2014— five years after the accident date and about three years after the start of the claim— for approximately $100, 000.