Slip and fall cases are among the many kinds of personal injury cases that can cause significant harm to visitors at restaurants, stores, parks, pools, homes, or any other private or public premises.
Examining recent slip and fall cases and their takeaways can provide invaluable insights into the legal complexities of personal injury lawsuits. Understanding these lessons from slip and fall cases and high-profile wrongful death cases involving major companies can help you recognize valid claims, navigate the legal process effectively, and take proactive measures to prevent future incidents.
Note that it is advised to speak one-on-one with an experienced Los Angeles slip and fall lawyer for the most accurate and aligned guidance on your specific case.
What Is a Slip and Fall Case?
In a slip and fall case, different from a trip and fall incident, a person sustains injuries from slipping on a hazardous or slippery surface. Whether encountering an icy sidewalk or freshly cleaned floor, the person involved in a slip and fall accident typically falls backward due to a loss of traction and balance. This can lead to serious injuries to the back, hips, tailbone, or brain.
A slip and fall claim attempts to prove that the property owner or manager was negligent in maintaining safe conditions on their premises, thereby leading to the accident and resulting injuries. A Los Angeles slip and fall attorney will work tirelessly to recover compensation for the damages the victim has incurred.
Educating yourself on recent slip-and-fall cases in the United States allows you to understand your legal rights. Lessons learned from these cases can be discussed with a Los Angeles slip and fall lawyer to determine if they are applicable to your claim.
Slip and Fall Case Filed Against Eataly
Alice Cohen, a resident of New Hampshire, filed a lawsuit against Eataly Boston following an incident on Oct. 7, 2022. In her lawsuit, seeking $50,000 in damages, Cohen alleges that she fractured her ankle due to the negligence of the Italian eatery. The incident occurred when Cohen slipped on a piece of prosciutto near the area where Eately was offering samples.
As a public establishment, Eataly is obligated to exercise a duty of care toward its customers, ensuring that its premises are safe and free from potential hazards. The slip and fall lawsuit claimed that the restaurant failed to fulfill its duty of care by allowing such a hazardous incident to occur. Cohen’s lawsuit cites negligence and loss of consortium as grounds for legal action against Eataly.
Lessons Learned From the Eataly Case
Below are two important takeaways from the Eataly lawsuit:
- Duty of care. Businesses are legally obligated to maintain a duty of care, taking proactive measures to prevent slip and fall accidents. This means implementing regular inspections, promptly addressing potential hazards, and ensuring proper signage to alert customers of any spills or hazards. By maintaining a safe environment, businesses not only fulfill their duty of care but also reduce the risk of costly legal disputes.
- Documentation and legal advice. Victims of slip and fall incidents caused by a business’s negligence have the right to seek compensation for their damages. However, it is important to thoroughly document the incident and consult a slip and fall attorney (Los Angeles) immediately. Gathering evidence, such as photos, witness statements, and medical records, is crucial for building a strong claim.
Slip and Fall Lawsuit Filed Against Burger King
A Burger King franchise in Florida was recently ordered to pay nearly $8 million to a customer, Richard Tulecki, who filed a lawsuit following a slip and fall accident. Back in 2019, Tulecki slipped and fell on a “wet foreign substance” in the restaurant’s bathroom.
As a result of the fall, Tulecki sustained serious back injuries that required surgery. He incurred significant medical expenses and was unable to work for an extended period due to his injuries.
Lessons Learned From the Burger King Case
There are a couple of lessons to be learned from the Burger King slip and fall incident.
- Settlement offer refusal. Tulecki was initially offered a $200,000 insurance settlement. However, as we know, insurance companies tend to employ deceitful tricks. With the help of experienced slip-and-fall lawyers, Tulecki declined the offer and took the case to court. This decision resulted in a $7.8 million verdict in his favor, highlighting the importance of carefully evaluating settlement offers and seeking legal advice when necessary.
- Regular maintenance. Similar to the lesson learned from the Eataly case, restaurants must put strict protocols in place for cleanliness and safety to reduce the likelihood of a slip and fall accident. If a spill does occur, it is the responsibility of the restaurant to clean it up immediately or put up the proper caution signs to ensure customers are aware of any hazards.
Schedule a Free Consultation With a Los Angeles Slip and Fall Attorney
This article examines recent slip and fall cases and their takeaways to raise awareness of prior legal wrongdoings to prevent future accidents. If you were involved in an incident, contact our Los Angeles slip and fall lawyers to figure out how to navigate the legal process following an accident.
John J. Perlstein, one of the best slip and fall lawyers (Los Angeles), has over 25 years of experience securing fair and just outcomes in personal injury and wrongful death cases. Reach us at (213) 583-5786 or fill out the form on our website to schedule a free consultation with a slip-and-fall attorney (Irvine). This consultation will allow us to determine how we can secure the best possible outcome for your case.