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Slip & Fall Results

• CUSTOMER INJURED BY DANGEROUSLY LOOSE SHELVING
• PATRON INJURED BY HOTEL’S FAILURE TO CLEAR ICE AND SNOW (black ice)
• TEACHER SEVERELY INJURED IN A FALL CAUSED BY CONTRACTORS FAILURE TO LIGHT WALKWAY
• ELDERLY CUSTOMER KNOCKED TO THE FLOOR BY DOG IN A BUSINESS SUFFERS A FRACTURED HIP
• TENANTS SUFFER SEVERE LIFE ALTERING INJURIES DUE TO CARBON MONOXIDE POISONING FROM AN INADEQUATELY MAINTAINED FURNACE LEAK

CUSTOMER INJURED BY DANGEROUSLY LOOSE SHELVING

Larry Wall represented a client who was injured while shopping in a Wichita, Kansas department store. Overstocking of merchandise, inappropriate merchandising and the use of glass shelves in the infant clothing department and failures in inspection caused a shelf to fall. It struck our client’s foot, causing tarsal tunnel injury. The shelves were not secured by fasteners and the person in charge of inspection was laid off prior to the incident. The policy of the department store encouraged under-reporting of defects that could injure patrons. The lawsuit was reported in The Wichita Eagle. The article quoted Judge Robert Bell citing the lack of attention to patron safety. A Sedgwick County jury awarded actual damages of $300,000.00, and the court awarded punitive damages in the amount of $958,531.47 for a total verdict of 1.3 million.

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PATRON INJURED BY HOTEL’S FAILURE TO CLEAR ICE AND SNOW (black ice)

Larry Wall represented a client who was hurt at a hotel in downtown Wichita, Kansas. As the client exited from the Exhibition Hall she had to walk on an uncovered sidewalk area to access the parking garage. As the client was walking toward the parking garage on a path that had been partially cleared of snow she encountered an area of black ice., Black ice is a thin coating of glazed ice that is virtually transparent. As a result, she slipped on the ice and suffered life altering injuries. She had to undergo surgery and missed work as head nurse for a local hospital. A lawsuit was filed. The lawsuit alleged that the management of the hotel was careless because it knew of the icy area and lied in the reports that the area had been completely cleared. When confronted with photos and evidence from a former long time employee that sand was never spread and everyone knew the area always accumulated black ice the case was settled for a substantial and confidential amount.

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TEACHER SEVERELY INJURED IN A FALL CAUSED BY CONTRACTORS FAILURE TO LIGHT WALKWAY

Larry Wall represented a teacher who tripped on an uneven wooden walkway as she left a school event at night. The area was unlighted. The walkway had been constructed by the contractor who was building a new addition to the school. The fall caused her knee to dislocate and it required surgical repair the next day. Her medical bills were in excess of $7,000.00 and she was unable to work for six months. She was required to use a walker for the rest of her life. The insurance company denied all liability and attempted to blame the victim. The principal had previously agreed the area needed lighting and said the contractor was supposed to do it that day. The lighting never was put in place and as a result the client was severely injured and disabled for life. When faced with the statements of the EMT personnel, the concerned citizen and the principal, the insurer for the contractor reversed its phony claim that it was the pedestrian’s fault and settled for a substantial amount.

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ELDERLY CUSTOMER KNOCKED TO THE FLOOR BY DOG IN A BUSINESS SUFFERS A FRACTURED HIP

Tina Huntington represented an elderly client who was violently knocked to the floor by a dog running loose in a business. The client entered the building and she was violently and abruptly thrown into the wall and knocked to the floor resulting in a left hip and pelvis non-displaced fracture. An operator of a place of business which is open to the public owes a duty to the business visitor to use reasonable care, under all of the circumstances to keep the business safe. This duty applies to all areas in the business used by the business visitor. The owner also has a duty to warn business visitors of any dangerous condition which they know about or should know about if they had exercised reasonable care in tending to the business. The claim was resolved for a substantial amount without the necessity of suit.

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TENANTS SUFFER SEVERE LIFE ALTERING INJURIES DUE TO CARBON MONOXIDE POISONING FROM AN INADEQUATELY MAINTAINED FURNACE LEAK

Larry Wall and Tina Huntington represented a client who suffered severe injuries as a result of extended exposure to carbon monoxide that leaked from an inadequately maintained furnace. After five days of missing work, a co-worker called to request someone check on his welfare. The client and his girlfriend were found lying paralyzed on the floor of their apartment. As a result of the exposure, our client suffered a heart attack, an acute kidney injury, brain swelling, severe polyneuropathy and decubitus ulcers. He also suffered significant brain injury. Unfortunately, the client is now disabled from his injuries. Landlords are charged with the duty to inspect and maintain furnaces to ensure it is in good and safe working order. Failure to do so is negligence. This case is in active litigation

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