A 57-year-old woman suffered serious injuries after slipping on a loose chili pepper in a Los Angeles supermarket, resulting in $766,000 in medical expenses. A $3 million settlement was secured for her after it was revealed that the supermarket failed to preserve video evidence and did not ensure regular safety inspections.
Plaintiff, a 57 year old female, was a customer inside Defendant’s super market located in Los Angeles, CA. While walking in the produce aisle, Plaintiff slipped and fell due to a loose chili pepper on the ground of the market. Plaintiff slipped and fell onto the hard ground, landing in a twisting motion on both of her knees.
California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. If there are any hazards that could potentially lead to a slip-and-fall accident, they are obligated to warn visitors and guests of the dangers. A special relationship exists between landlords and their “invitees” or those individuals with special permission from the landlord to enter the premises. Issacs v. Huntington Hosp. (1985) 38 C3d 112, 123, 211. (A classic example of an invitee is a business patron on the premises of a business such as Plaintiff’s presence at Defendant’s super market.)
As a result of her fall, Plaintiff suffered injuries to her bilateral knee, neck, lower back and headaches. Plaintiff’s injuries were significant enough to incur $766,000 in medical expenses. Plaintiff required a lumbar spine surgery, as well as a left knee arthroscopic surgery, to where she now has ongoing sporadic lumbar spine and left knee pain, for which she will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, it was determined that the Defendant failed to preserve the video footage of the area for the date of where/when Plaintiff fell, and that one of the employees of the super market was not sure if he made his regular walks around the store for safety inspections on the date of Plaintiff’s slip and fall incident. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of her fall. Messrs. Khakshooy and Agarwal were able to recover $3,000,000 for Plaintiff.
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