Man Wins Premises Liability Claim Despite Warnings Of Danger
August 22, 2016
Businesses in Pennsylvania and elsewhere are required to alert customers of any hazards they may encounter. This is why stores place signs in areas where the floor may be wet. If a customer falls after being alerted to a slipping danger, it may be more difficult for that person to prove premises liability. However, one man in another state recently won a substantial judgement despite posted warnings.
The man entered a convenience store for beverages and noticed “wet floor” signs. However, he testified that the floors were dry and there was no sign of anyone mopping. As the man filled his drinks, an employee apparently came out of the back room and proceeded to mop the area behind the man. When the man turned around, he slipped on the newly mopped floor, fell onto his back and was knocked unconscious. After having undergone two previous back surgeries, the man had re-injured his back in the fall.
Two years later, the man filed suit, agreeing to settle for $200,000. However, the company refused, offering $5,000, so the case went to trial. The jury found in favor of the man, whose doctor testified that the man is facing estimated medical bills of $5,000 a year. Apparently, he had already incurred about $42,000 in medical expenses since the incident. The convenience store tried to appeal but finally paid the man over $3.6 million.
Although the convenience store tried to show that the man failed to heed the warnings that were placed in the dangerous area, the jury sided with the injured man. The generous award will be helpful since his doctor testified that he would probably not be able to work again and would require medical treatment for the rest of his life. When people in Pennsylvania and across the country slip and fall on wet floors, they frequently contact an attorney for advice and guidance in filing a premises liability claim.
Source: tulsaworld.com, “$3.5 million judgment for plaintiff in QuikTrip slip-and-fall case spawns more litigation“, Curtis Killman, Aug. 13, 2016