In a Murrieta fast-food restaurant slip and fall case, California Attorney Group recovered $425,000 for a 10-year-old girl who suffered severe hip and femur injuries requiring surgery. Expert testimony proved the injuries and treatment were reasonable and necessary.
Plaintiff, a 10 year old (Minor) female, was a customer inside Defendant’s fast food restaurant located in Murrieta, CA. Upon her entrance into the restaurant, Plaintiff slipped and fell due to a liquid substance on the ground in the restaurant. Plaintiff slipped and fell very hard onto the ground, landing on the left side of her body.
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 from a left femur fracture, a left hip dislocation, as well as injuries to her lower back and left knee. Plaintiff’s injuries were significant enough to incur $100,000 in medical expenses. Plaintiff required a left hip and left femur surgery with screw placement, to where she now has ongoing sporadic left hip and lower back 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 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 $425,000 for Plaintiff.
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