Jury Awards $2.45M in California Slip and Fall Case

A California woman who was injured after she fell in a pothole in a Walmart parking lot recently received a jury verdict of $2.45 million. The jury returned their verdict the same day after hearing closing arguments in the trial that began on March 19. The plaintiff accused Walmart of failing to properly inspect and maintain its parking lot after she fell in February of 2020. She claimed her ensuing injuries forced her to undergo a major spinal fusion surgery that left her stuck with hundreds of thousands of dollars in medical bills and permanent pain.

In this case, the jury assigned the plaintiff no liability for the accident. They did, however, find that another business was liable. This business settled with the plaintiff out of court. The jury assigned this business 35% of the blame for her accident. That left Walmart shouldering 65% of the blame for her injuries. This will reduce her jury award to roughly $1.6 million. The verdict, however, exceeded Walmart’s highest settlement offer by several hundreds of thousands of dollars.

Elements of negligence 

The plaintiff successfully argued to jurors that she couldn’t see the pothole because of the shade generated by a nearby parked car. She further argued that Walmart’s store policies required the company to take a more proactive approach when it came to repairing tripping hazards. Walmart argued that the plaintiff was distracted by her cell phone at the time of the fall, and that pedestrians routinely encounter minor changes in elevation in all parking lots. The plaintiff was able to convince the jury, however, that the pothole was deeper than the half-inch that Walmart claimed and that it presented an “obvious safety hazard.”

Essentially, all proprietors have a duty of care to ensure that their premises are safe for customers. When they fail in this duty of care, and someone is injured as a result of that failure, they can be held liable through a personal injury lawsuit. Slip and fall lawsuits are among the most common forms of personal injury lawsuits. These lawsuits allege that the proprietor left a dangerous condition on their premises that presented an obvious safety hazard to customers. In the case mentioned above, Walmart was alleged to have left a dangerous pothole in their parking lot which caused the plaintiff to trip and fall, resulting in serious injuries.

In this case, the plaintiff sustained injuries to her neck and spine. As a result of those injuries, she required spinal fusion surgery to repair the damage. This left her stuck with hundreds of thousands of dollars in medical expenses and ongoing and permanent pain. Often, individuals are never the same after suffering violent falls.

Talk to an Oakland, CA Slip and Fall Attorney Today 

Venardi Zurada represents the interests of those who have slipped, tripped, or fallen on the premises of a business. Call our Oakland personal injury lawyers today to schedule an appointment, and we can begin investigating your claims right away.

Source:

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