Slip and Fall at Walmart in West Palm Beach, Florida Results in Permanent Damage
Slip and fall cases are based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the victim to slip or trip and can result in serious debilitating injuries for the victims.
Such was the case for the 38 year old victim in this Florida premises liability case as she was shopping at her local Walmart. When she was walking out of the ice cream aisle she encountered a large amount of water on the floor, which caused her to slip and fall extremely hard to the floor. She landed on her tailbone and her head whipped backwards. In fact, the fall happened so quickly that she also knocked her cart down on top of her. After she was on the floor, the victim noticed for the first time that there was water on the floor which appeared to have been leaking from a nearby freezer. The victim testified that there were no warning/wet floor signs or cones anywhere in the area.
Immediately after her fall, a manager came upon the scene and was extremely upset with an employee who was nearby and was overhead to say “I told you to clean that up”. So, apparently, Walmart knew there was water on the floor and failed to act responsibly for the safety of their customers. Customers in stores should not have to watch the floor for the possibility of water or any other substance that might cause them to slip and fall.
The victim in this case sustained a severely bruised tailbone, injuries to her neck and back and was suffering from head/concussion type injuries, which produced severe migraine headaches. She initially treated with a chiropractor who sent her for MRIs of both the cervical and lumbar spine. Unfortunately, these MRIs revealed substantial damage to both the cervical and lumbar spine and the chiropractor referred this victim to a local neurosurgeon for a complete neurosurgical evaluation. The neurosurgeon noted that the victim had radiating pain from her lower back into her left leg and had significant painful low back symptomatology. He diagnosed possible left lumbar radiculopathy, disc displacement at L4-5 and lumbago. He further recommended nerve conduction studies of the lumbar spine and referred her to a physiatrist for further testing. Unfortunately, the EMG/NCS studies revealed a paravertebral spasm which the physiatrist opined was suggestive of nerve root irritation.
Due to persistent low back symptoms and positive findings on the extensive tests, this victim underwent a surgical procedure which included a posterolateral extrapedicular intradisc decompression. After undergoing post-surgical therapy, the neurosurgeon confirmed a 12% total whole body permanent impairment rating based upon the American Medical Association Guidelines, and confirmed that her future medical bills would include a lifetime conservative cost of $25,000.00 for diagnostic testing, medications, physical therapy and doctor visits. Furthermore, he confirmed that she may require further surgical intervention of her lumbar spine should her condition worsen.
Understandably, this victim was extremely distraught over these events, especially since prior to the accident she was an extremely physically fit and active young woman who was employed as a waitress here in South Florida and enjoying life to its fullest. Now, she can no longer sit or stand for any significant period of time without the onset of increased pain. This is quite problematic since she is a single mother raising a child with all the responsibilities involved in maintaining a household.
Aside from the lost wages she has sustained due to the many hours she had to miss from work for both her injuries and the following surgery, the victim in this case has medical bills of over $100,000.00 for the injuries sustained in this accident.
This victim contacted the law offices of Schuler, Halvorson and Weisser, P.A. for assistance in this matter. After thorough investigation, Attorney William D. Zoeller, with the assistance of Attorney J. Freddy Rhoads, took this case to trial. They were successful in obtaining a final judgment of almost $300,000.00 for this victim to compensate her for her medical expenses, present and future, and for the pain and suffering she has endured and will continue to endure for the remainder of her life.
