A resilient mother of three children had her life changed forever when she slipped on a wet floor while shopping for groceries at a local store with her young daughter. When the insurance company tried to present roadblock after roadblock to avoid paying a fair amount, our team dug deep, uncovered the facts, and fought to get her everything she deserved.
We sat down with Jacksonville injury attorney, Andrew Scott, to learn how he and his team built a strong case that successfully secured a $1,000,000 win for this deserving client.
An Everyday Trip to the Store Changed Everything
Our client’s story began as ordinary as any other. She was shopping at a local grocery store just a few steps behind her daughter, who was pulling a wheeled shopping basket. In the blink of an eye, our client slipped and fell hard, landing heavily on the floor. She lay there for several agonizing minutes until employees and a manager came to her aid and helped her into a chair.
What Caused the Slip and Fall Accident
The store’s surveillance videos showed virtually every refrigerator door near where our client was shipping was coated in condensation. Below the doors, the floor was visibly wet and appeared to have been that way for time.
The store’s liability seemed clear-cut: the water on the floor was the substance that caused our client’s fall, and it originated from the store’s consistently condensing refrigerator units.
The condensing refrigerators produced what is called a ‘known hazard,’ which is a risk that the store’s owners knew (or should have known) about and are obligated to make efforts to mitigate. The store’s surveillance video showed an employee walking through the area shortly before our client slipped and fell on the wet floor. That meant the store and its employees were aware that the area was wet, yet they took no action to make it safer for shoppers.
Extensive Injuries and a Lifetime of Pain
In an instant, a mother of three in her late 40s faced a lifetime of living with chronic pain. The immediate aftermath of the accident brought on a flood of pain and medical treatments, as well as stress and anxiety due to all the unknowns for our client. As with most unexpected falls, our client had no time to brace before she impacted the floor. Her left ankle caught under her as she fell, tearing two ligaments in the process. She also sustained incredibly painful cervical and lumbar herniations in her lower back. Unable to walk, she had to rely on a wheelchair, and later a cane or walker, just to get around.
She underwent multiple pain management injections, chiropractic care, and physical therapy, none of which provided lasting relief. Ultimately, she had to undergo a spinal cord stimulator implant, a significant procedure designed to disrupt pain signals traveling to her brain.
Fighting Through Every Hurdle the Insurance Company Placed
When we took the depositions of corporate representatives and managers, they initially denied that there was even water on the floor. Later, when confronted with video evidence, they attempted to claim that there wasn’t enough water to cause the slip and fall. During the deposition, one of the representatives eventually admitted that there was condensation all day, every day. This inconsistency highlighted a potential disregard for a known dangerous condition that caused a serious accident.
Adding insult to injury, the defense team tried to say that our client’s injuries were caused by prior injuries, yet she had no previous medical complaints. Perhaps the most disheartening and legally questionable tactic the defense attempted was to bring our client’s immigration status into the proceedings. They argued that any future medical expenses should be based on what they would cost in Mexico, and even raised the fear of potential deportation. Not standing for such an injustice, Andrew Scott immediately filed a motion to exclude that information. The judge, rightfully so, was displeased with the defense’s strategy and ultimately granted our motion, recognizing the profound prejudice and speculative nature of their argument.
Securing Justice for a Most Deserving Client
What Andrew and his team initially anticipated as a straightforward case quickly became a protracted battle. Despite the seemingly straightforward liability evident on the video, the defense dragged its feet. A trial date was set for a Monday, and it was only on the Friday before that they finally tendered their policy limits—$1,000,000 for everything our client endured.
“I vividly recall my client’s reaction to the settlement,” said Andrew. “She was incredibly appreciative and deeply thankful for our efforts. However, her relief was tempered by a persistent concern for the future. Her lack of health insurance, a significant issue compounded by her undocumented status and low-income background, was a major source of anxiety. Being able to communicate with her directly in Spanish allowed me to connect with her and her family on a deeper level and address their concerns with greater clarity and empathy.”
Uncertain After an Accident at a Place of Business? Let’s Talk
If you’ve been hurt at a place of business, it can often feel like David and Goliath, but you don’t have to face giant corporations alone. Our team stands toe-to-toe with big business to give our clients a voice. Contact our attorneys now to talk about the accident and see what options you may have–all at no cost.
