A 46-year-old woman slipped on a liquid substance in an Ontario supermarket, suffering multiple injuries to her knees, ankle, and back. Despite disputes over liability, CAG secured a $450,000 settlement after proving the store’s negligence.
Plaintiff, a 46 year old female, was a customer inside Defendant’s super market located in Ontario, CA. While traversing through the aisles of Defendant’s market, Plaintiff slipped and fell very hard, due to a liquid substance on the floor of Defendant’s market. Plaintiff fell very hard onto her knees and left ankle, and the left part of her body collided with a kiosk.
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 super market.)
As a result of her fall, Plaintiff suffered injuries to her bilateral knee, left ankle, left shoulder, neck and lower back. Plaintiff’s injuries were significant enough to incur $91,000 in medical expenses. Plaintiff required cervical and lumbar spinal injections, to where she now has ongoing sporadic cervical and lumbar spine pain, for which she will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, in which sweep charts of the super market were disclosed to Messrs. Khakshooy and Agarwal, it was determined that the aisle in which Plaintiff fell was not maintained in a timely manner. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of her fall. Messrs. Khakshooy and Agarwal were able to recover $450,000 for Plaintiff.
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