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Slip and Fall
on Premises Under Video Surveillance
Personal Injury Case Study
If an injury occurs on premises under video
surveillance, proving liability will be much easier. In this case study
we review important aspects of a slip and fall injury case
including liability, damages, negotiations,
and the final case
settlement.
The Accident...
Julie went to the mall a week before Christmas. It was extremely busy
and she was rushed. As she exited the
escalator, she suddenly slipped and fell forward. She had
bags in her left hand and attempted to brace herself with her right
hand as she
hit the ground.
After the
fall she felt immediate pain in her right hand and was
unable to get up. Concerned shoppers alerted mall security and they
took an
incident report of what occurred.
Unknown to Julie, a
spilled drink from the nearby food court was pooled at the bottom of
the escalator which caused her to slip. The mall video
surveillance
revealed that the drink was pooled in that area for two hours.
Furthermore, no
one was seen inspecting the area, cleaning it or warning of the spill.
Liability...
Property owners are charged with making regular inspections of
property, correcting hazards and warning others of the hazards they are
unable to repair immediately. The surveillance camera
revealed that a small child dropped his drink on the ground which then
leaked from the cup causing a pool of soda to develop at the foot of
the escalator.
No one
(maintenance, janitorial, cleaning crew, etc.) was seen inspecting or
cleaning the premises under video surveillance, and no one placed any
warning cones or tape
around the area to avoid a fall. The
property owner breached their duty to the mall-goers and is therefore
liable for Julie's injuries.
When a property owner or manager breaches their duty by failing
to reasonably inspect their premises, repair hazards or warn of
dangers, and such breach is the
actual and proximate cause of damages, they are liable under the theory
of premises liability.
Injuries...
Julie broke
her arm and wrist in the fall and bruised her
pelvis. She declined to be transported
immediately to the
doctor, but regretted that decision at 2:00 a.m. the following morning
when she awoke in excruciating pain.
Her husband drove her to the
emergency room where x-rays were taken and the broken bones were
revealed. Julie was given pain medication and scheduled for
surgery four days later.
The surgery performed placed a plate
in her hand just above her wrist and a pin in her arm so that the bones
would eventually fuse together. She was released the day
immediately following surgery and underwent 5 months of physical
therapy.
Negotiations...
The mall
employed a property management company whose insurance
accepted liability for the claim. Their initial offer to
Julie was $5,000 prior to knowing the exact amount of her
bills. However her surgery alone was $25,000 and her
physical therapy was $10,000, therefore $5,000 was insufficient
to even pay Julie’s medical bills.
A year after the accident,
Julie employed an
attorney who requested a settlement of $140,000
which went unanswered for 3 months. Finally, they came back
with a counter offer of $35,000. Julie’s
attorney counter-offered at $125,000, but the adjuster
never responded.
It was clear
that their settlement figures
were too far apart and that the two year statute of
limitations would
quickly run out, therefore Julie’s attorney filed a lawsuit.
Final
Settlement...
Julie’s attorney took all previous settlement figures off the table and
prepared to go to trial. On the first day of trial, the judge requested
that the parties meet informally with her and make every attempt to
settle the case before spending the time and money on a lengthy trial.
After 6 hours of negotiations the
defendant settled for
$75,000, of which the property management company would
be
responsible for $50,000 and the mall owner would be responsible for
$25,000.
Important
Points...
- If you're injured on premises under video
surveillance you can request the tape to help prove your case. If the
property owner refuses to produce the tape during settlement
negotiations you will have to bring a lawsuit and subpoena the tape as
evidence.
- There can be more than one party at fault
in a
negligence case. Here it was both the property management company that
managed the mall as well as the mall owners.
- Often a case will not settle until trial
because a defendant will bank on the fact that trial is expensive and
most plaintiffs don't have the resources to adequately fight a lawsuit.
Return
from Premises Under
Video Surveillance to Slip and Fall Accident
Return
from Premises Under Video Surveillance to Personal
Injury Settlement Guide
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