Plaintiff vs. Big Lots Stores, Inc.
On June 8, 2010, a 79 year-old retiree tripped and fell in a Big Lots store in Brevard County, FL due to a protruding shelf. The obtrusive shelf was sticking out 2 feet further than the merchandise and was resting about a foot of the ground, which creates for a dangerous condition for shoppers. The defense argued that the accident may have occurred because of the woman's old age or unsteadiness, or even as a result of her diabetes because the EMT reported that she had an elevated blood pressure. There was no evidence however, that the victim had any diabetic attack at the time of the incident.
The woman had to be taken away in an ambulance and was said to have internal bleeding, including three traumatic brain bleeds. The injury also resulted in cognition and memory impairment and the plaintiff was said to be more forgetful after the incident. The plaintiff fortunately did not have to undergo surgery because the internal brain bleeding was reabsorbed. Prior to the incident, the injury victim was an independent woman who was enjoying her retirement, traveling and exercising regularly at the YMCA. Now it is reported that she requires the assistance of a caregiver during the day.
The injury victim went on to contact the legal team at High Stack Gordon Kirby to help her pursue a premises liability lawsuit against the Big Lots Store in Brevard County. Attorney Gordon and Lentini handled her case and they fought on her behalf to prove the negligence of the department store and the clear danger that the shelf possessed to visitors. They argued that the plaintiff's trip and fall injury would have never occurred if Big Lot's had the protruding shelf clearly marked or fixed so that it was no longer a hazard. No settlement was reached during in the trial. Post-trial however, the court found that the Big Lots Store was fully liable and portrayed 100% negligence and issued a verdict for them to cover the damages totaling in $135, 342. This restitution award includes payment for past medical cost, past pain and suffering and any future pain and suffering.
Slips, trips and falls happen every day and many injuries could be avoided if property owners took up responsibility to make sure that there are no potential hazards on the premises. If you have been injured on someone else's property due to their negligence, then you may have a premises liability injury case on your hands. Contact an experienced personal injury attorney from High Stack Gordon Kirby at their Brevard County office today to learn how they can help you.