Trip and Fall in Los Angeles Results in $763,000 Settlement
A 59-year-old woman tripped on a hazardous screw at a Los Angeles supermarket, sustaining significant injuries. She secured $763,000 to cover medical costs and damages.
A 59-year-old woman tripped on a hazardous screw at a Los Angeles supermarket, sustaining significant injuries. She secured $763,000 to cover medical costs and damages.
Plaintiff, a 59 year old female, was a customer inside Defendant’s super market located in Los Angeles, CA. Defendant’s employees removed a pole near the entrance of the super market, in order to pull in pallets of goods into the market, which exposed a protruding screw from the ground of the market. Defendant’s employees failed to place a safety cone on the protruding screw, and while Plaintiff was exiting the market, she did not notice the protruding screw, causing her to trip and fall with both of her knees onto the hard ground.
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 trip-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 company.)
As a result of her fall, Plaintiff suffered injuries to her lower back, left shoulder and bilateral knee. Plaintiff’s injuries were significant enough to incur $377,000 in medical expenses. Plaintiff required a lumbar spine surgery, as well as bilateral knee arthroscopic surgeries, to where she now has ongoing sporadic lumbar spine and bilateral 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, in which an in-market video for the scene of the subject incident was disclosed to Messrs. Khakshooy and Agarwal, it was determined that Defendant’s employees in fact forgot to place a safety cone on or around the hazardous area. 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 $763,000 for Plaintiff.
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