Slips, Trips & Falls – Sample Cases
… A 76-year-old retired parochial school teacher tripped and fell on a broken sidewalk outside of a local shopping mall. She struck her face and needed dental reconstruction. Rather than fix the broken sidewalk, the mall had painted it yellow along with the curbing on the edge of the sidewalk. Witnesses to the fall included a seminary student who was studying to be a monk and the school teacher’s son, a priest, who came to the scene to take photographs. The case settled after an award was entered by a Board of Arbitrators
…A 40-year-old supply clerk slipped and fell in the icy parking lot next to the building where he worked. He injured his shoulder and needed two surgeries. Although the building owner had been notified that winter that its parking lot was icy and others had fallen, it never took care of this dangerous condition. This case settled on the eve of trial.
…A 9-year-old girl was on a day camp field trip to the zoo. While she was climbing over a large, unsecured metal barrier in the children’s play area, it fell on her, fracturing her wrist. A special bank account was established with a settlement for the young girl.
…A 42-year-old commercial painter slipped and fell to the ground when a gas station owner spilled gasoline and then left the area unguarded while he went to find some rags to clean up his mess. The man tore the rotator cuff in his shoulder and needed surgery. He missed almost five months of work. The case settled on the eve of trial.
… A 72-year-old retired state store employee walked into a local beer market to buy some lottery tickets. He was handicapped from polio in one leg that he developed as a child. As he turned to leave, a throw rug slipped under his foot, causing him to crash to the floor. The rug was not safely secured, in violation of the Americans with Disabilities Act. The man suffered torn rotator cuffs of both shoulders requiring two surgeries. The case settled satisfactorily just before opening statements to the jury.
… A 50-year-old bridge painter was in a large retail super store purchasing lumber to build a deck at home. A store employee who was helping the painter lift a large post from a high shelf dropped his end. The other end struck the painter’s shoulder and knocked him to the ground. The painter had two rotator cuff tears requiring surgery. He was eventually able to return to work with some difficulty. The super store initially denied all liability. The case settled shortly before trial for a substantial sum.
… A 75-year old retired chief of police was taking a fishing trip. As he began to get off the boat, it was well below the adjacent dock. The fishing outfitter neglected to provide a step or other assistance. The man fell back into the boat, breaking his leg and ankle. The case settled after negotiations.
… A 39 year old dentist was leaving his office when he slipped and fell on ice in the parking lot. The building owner had neglected to provide gutters for rain water, which fell and froze and was then covered by a thin layer of snow. The dentist broke several fingers in his hand, making it difficult for him to do his job. After a lawsuit was filed and discovery taken, the case settled.
…A 52 year old woman was at the zoo with her boyfriend and her boyfriend’s two teenage daughters. As they approached the elephant exhibit, she stepped off the path to look at a rabbit in the bushes. The zoo had partially removed some metal posts cutting them off unevenly at their bases. She tripped and fell on the remnants of a post, falling and severely injuring her wrist. A lawsuit was filed and zoo employees were called in for depositions. The case settled on the eve of trial.
… An 82-year-old widow was shopping at a local food cooperative. As she bent over to look at a display shelf, she was barreled over by a supply cart pushed recklessly by one of the cooperative’s employees. Her pelvis was cracked, and she had to spend time in a nursing facility for rehab. The claim against the food cooperative eventually settled.
…. A 50-year-old salesman was unloading his car at a hotel’s front entrance. It was snowing and the weather was frigid. The outdoor surface of the hotel entrance was ceramic tile, a material more suited to indoor than outdoor use. The salesman slipped on the icy tile, seriously aggravating a pre-existing condition in his neck. The salesman’s spinal surgeon recommended neck surgery. Since the responsible hotel was located outside of Pennsylvania, a local attorney was used to obtain a reasonable settlement.
… A 55-year-old travel agent was on a cruise she had arranged for herself, family and friends. As she sat down at their assigned table in the dining room, the chair collapsed beneath her. She was thrown to the floor, injuring her neck, back and shoulder. After a claim was made, the case was settled for a payment of money and a voucher for another cruise.
… A 44-year old appliance delivery man injured his back when a wooden deck collapsed from the weight of a refrigerator. A contractor had attached the deck to the house with small metal screws rather than large lag bolts. A couple that had recently bought the house had ignored a warning about this dangerous condition in a home inspection report. The case settled after depositions were taken.
… An 83-year-old woman was a resident of an assisted living facility. While she was using the bathroom, the aide who was supposed to be helping her, stepped out of the room to use a cell phone. The woman, who had suffered a stroke, and was unable to use her left side, fell to the floor. She cracked the vertebrae in her neck, two vertebrae in her lower back and fractured her pelvis. She was hospitalized and then had extensive rehab. The woman died, in part due to the complications from her fall and fractures. A claim was brought to recover damages by her sons. After the Center for Medicare & Medicaid Services was reimbursed for a significant lien, the balance of the settlement was distributed to her sons.
… A 51-year-old woman was shopping at a local discount store. She began to exit the store through a glass door left open by another customer. As she walked through the doorway, the adjacent automatic doors struck her although they were supposed to deactivate when the side door was opened. The woman had a closed head injury and Achilles tendon injury. After a lawsuit was filed and discovery documents exchanged, the case settled shortly before it was scheduled for a hearing.
… A 76-year-old woman was leaving a bed and bath store, walking through the foyer. As she neared the exit, she tripped on some rugs that were stacked in the corner, falling through the open sliding door onto the concrete pavement outside. She hit her head and fractured her hip. The rugs were stacked low and the available walking clearance was less than required under the Americans with Disabilities Act regulations. After the store manager admitted in her deposition that in standard merchandising practice anything stacked under three feet is known to be a tripping hazard, the case settled.
… A 53-year-old lawyer was walking on a dark path toward a restaurant while at a resort for a Bar conference. There was a large decorative rock set in the middle of the path with a hidden ledge at its bottom edge. As she walked past the rock, her foot got caught, throwing her to the ground. She dislocated her foot and shattered one of her toes. She also fractured her pelvis. Because of diabetes and circulation problems in her extremities, tips of her toes had to be amputated. After multiple depositions, the insurance company for the resort settled the case just before trial.
… A 39-year-old woman was shopping at a local discount store. When she reached on the shelf to pick up a glass candelabra, she severely cut her hand on broken glass. There were no broken pieces of glass on the shelf, indicating that the candelabra had not been broken recently. The case eventually settled with the store’s insurance company.
… A 63-year-old retired police sergeant bought a sandwich with dipping sauce at the counter of a local fast-food franchise. The dipping sauce container was not closed properly, falling through the bottom of the bag and dripping sauce on the floor as she turned to leave. She slipped and fell on the wet floor, injuring her hand, wrist, low back, hip and knee. The case was settled with the fast-food franchise before suit was filed.
… A 53-year-old psychologist was walking in a parking lot, about to enter a newly-opened store. The edge of the sidewalk on one side of a curb cut was painted yellow, but the edge on the other side was not. She failed to see the unpainted curb, tripping and falling to the ground. She broke a tooth, which had to be pulled and replaced. She also had a scar and a concussion. The store owner was sued. After depositions were taken, the case was settled without a trial.
… A 21-year-old college senior slipped and fell on a patch of ice in the parking lot of her apartment. This particular patch of ice had been there for some time and had formed “hills and ridges.” The weather report also confirmed that it hadn’t snowed for several days. The college senior badly fractured her leg, requiring orthopedic surgery with screws and a rod implanted. A lawsuit was filed against the apartment complex in a conservative jurisdiction. After the pre-trial exchange of information, the case settled for a favorable sum.
… A 23-year-old restaurant manager was leaving a movie theater when he tripped and fell on rubber matting which was not flush with the floor, creating a raised edge. He had a closed head injury and a cut above his right eye. Headaches made it difficult for him to concentrate at work. The movie theater settled the case before a lawsuit was filed.
… A 73-year-old retired millworker drove with his wife to a local McDonalds for breakfast. The entire parking lot was icy, but he was able to make it safely into the restaurant. Upon leaving, he slipped and fell on some ice, striking the back of his head. He needed six staples to close the wound and continued to have neurological problems. The franchise which owned this particular McDonalds was sued. After multiple depositions were taken, the case settled.
… A 21-year-old graduate student rented a room in a large house. As she was walking down the basement steps, she tripped on a pair of boots left there by the landlord. She fell down the steps, breaking bones in her foot. A Board of Arbitrators awarded her money for her injuries.
… A 45-year-old nurse was taking her son for a haircut. After she parked her car, as she was walking through the nearby parking lot, she stepped into a depression in the pavement, breaking a bone in her foot. Since her husband was disabled, she was the sole wage earner in the family. She missed several weeks of work and lost the opportunity for a new job she was pursuing. She was eventually compensated for her lost wages and pain and suffering at a private settlement mediation held by the parties.
… A 24-year-old clerk was at a big-box store to pick up some merchandise for her employer. As she was walking through the store, a large mattress being moved by three store employees fell over on her, striking her on the head. The clerk injured her neck, back and hips and sought medical treatment with a chiropractor. The big-box store settled the claim after negotiations.
… A 32-year-old project manager fell asleep in an aisle seat on a plane trip heading to a job. As the flight attendants pushed the beverage cart down the narrow aisle, the leading edge of the cart slammed into his bent knee. The project manager needed multiple surgeries to repair the damage to his knee. The first trial against the airline resulted in a verdict for the defense, but a new trial was ordered because of the defense attorney’s improper remarks to the jury. The case then settled before the second trial began.
… A 55-year-old receptionist was vacationing with her family at the beach. As she was leaving their rented cottage the first morning there, she stepped onto the landing and fell violently forward. The landing and steps, which had just been built, had several building code violations. The landing was not level with the room’s interior. The landing was also not wide enough. As a result of the fall, the receptionist injured her ankle and injured the muscles and ligaments in her shoulder. The cottage’s insurance company settled the case after extensive negotiations.
… A 36-year-old homemaker was leaving a big-box store with her six-year-old daughter. Although it was raining, there were no mats or rugs in tile entry way. There were also no signs. As she stepped on the tile, she fell on the wet floor, falling to the ground. The homemaker injured her left knee which had recently had surgery. The impact loosened the grafting and screws from her previous surgery, causing her additional problems. She needed repeat knee surgery. The big-box store, which was self-insured, settled the claim after negotiations.
… A 74-year-old retiree had just finished shopping at a discount store and was headed to the checkout. The store employee, who was pushing a re-stocking cart loaded with boxes, came up behind the retiree and crashed into her, knocking her to the floor. The retiree injured her chest, hip and low back. She treated with an orthopedic surgeon and had to use a walker. The discount store eventually settled the claim.
… A 45-year-old man and his wife were shopping at a furniture store. When he touched a bed post, the post fell over, striking him violently in the shoulder. His shoulder was badly contused. He had extensive physical therapy. The furniture store’s insurance company later settled the claim.
… A 44-year-old airline pilot checked into a local motel during a layover. As he was walking up a set of outside steps, he slipped and fell on grease that was beneath a layer of water. He injured his back and hip. His ability to fly airplanes was restricted and he lost a significant amount of income. The case settled shortly before trial.
… A 53-year-old paralegal was walking on the sidewalk by the County jail. The jail was under construction. A construction fence and sign fell onto her, knocking her into a light pole. She sustained a closed head injury, neck injury and knee injury. After a lawsuit was filed against the construction company, a board of arbitrators awarded her fair compensation.
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