A 35-year-old man suffered knee, hip, and back injuries after slipping on a puddle of water inside a Buena Park restaurant restroom. Despite disputes over liability and the extent of medical treatment, expert testimony confirmed the injuries were legitimate and necessary, leading to a $180,000 settlement.
Plaintiff, a 35 year old male, was a customer inside Defendant’s restaurant located in Buena Park, CA. Upon Plaintiff’s entrance to the restroom of Defendant’s restaurant, Plaintiff slipped on a puddle of water, and fell very hard, landing on his right knee.
California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. If there are any hazards that could potentially lead to a slip-and-fall accident, they are obligated to warn visitors and guests of the dangers. A special relationship exists between landlords and their “invitees” or those individuals with special permission from the landlord to enter the premises. Issacs v. Huntington Hosp. (1985) 38 C3d 112, 123, 211. (A classic example of an invitee is a business patron on the premises of a business such as Plaintiff’s presence at Defendant’s restaurant.)
As a result of his fall, Plaintiff suffered injuries to his right knee, right hip and lower back. Plaintiff’s injuries were significant enough to incur $172,000 in medical expenses. Plaintiff required a right knee arthroscopic surgery, as well as lumbar spinal pain relieving injections, to where he now has ongoing sporadic right knee and lumbar spine pain, for which he will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of his fall. Messrs. Khakshooy and Agarwal were able to recover $180,000 for Plaintiff.
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