PERSONAL INJURY I SLIP AND FALL I PREMISE LIABILITY – $2,800,000 Verdict on behalf of Plaintiff in Restaurant Fall resulting from a Failure to Warn – Unreasonably Slippery Tile
November 22, 2019
When a restaurant fails to take reasonable precautionary or remedial measures to remove a hazard, such as a liquid spill or slippery tile, they can be held liable for the personal injuries sustained on their premise. Restaurant owners have an obligation maintain their premise in a reasonable safe condition. Specifically, restaurants have an obligation to warn customers of any dangerous conditions that exist at their store or take necessary action to mitigate any hazards on the premise. Restaurant negligence is found when the restaurant fails to erect any signage or warnings and/or take reasonable precautionary or remedial measures to obviate a hazard, such as a liquid spill.
Case Study: $ 2,800,000 Restaurant Fall I Restaurant Slip and Fall: In early 2010, a construction worker in her early 30s slipped and fell on unreasonably slippery tile at a restaurant in Los Angeles, California. The Plaintiff alleged that the Restaurant created the dangerous condition and tripping hazard because they negligently maintained the premise. Specifically the style of construction was not up to code, the restaurant entrance was placed on a dangerous downward slope and the restaurant used inappropriate indoor tile, which was not suitable for the outdoor patio because there was no slip resistance. The Plaintiff further contended that the inappropriate tile in the outdoor patio became extra slippery during times of rain. Despite this knowledge the restaurant had no floor mats, no warnings, no handrail nor proper overhead protection near the entrance. When the Plaintiff fell she sustained injuries to her lower back, specifically two lumbar disc bulges. After three rounds of nerve blockers and steroid injections, the Plaintiff ultimately underwent a discectomy and hemilaminotomy but still had permanent decreased range of motion and constant pain. The jury found in favor of the Plaintiff awarding a verdict of $2,800,000 in Personal Injury Compensatory Damages which included: $1,500,000 in General Personal Injury damages for pain and suffering; $973,000 Specific Damages for Loss of Income; and $327,000 in Specific Damages for past and future Medical Expenses– Verdict Search; https://verdictsearch.com
In this particular case the restaurant was under a duty to exercise ordinary care to avoid unreasonable risk of harm to their customers. Specifically the restaurant created the dangerous hazard by utilizing inappropriate tile in their outdoor patio and then failing to take any remedial measures such as warnings, overhead protection and handrails. The restaurant’s negligence ultimately caused the Plaintiff to slip and fall sustaining two lumbar disc bulges.
By failing to erect any warnings or taking any reasonable precautionary measures to obviate the hazard. The restaurant failed to fulfill their duties and otherwise acted negligently. The restaurant in this case was liable for all of the Plaintiff’s compensatory damages including past and future medical expenses, loss of income and her general damages for pain and suffering.
Relevant links discussing premise liability and slip and fall cases can be found below:
If you have any questions about your personal injury case, a restaurant fall or a slip and fall in general, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced San Diego public entity liability attorneys or California slip and fall lawyers.