Issues with Slip and Fall Accident Claims Regarding Retail Stores

February 20, 2020

Recently, a jury awarded $3.64 million to a Bordentown man who injured his back at a Hamilton Staples store after falling over a merchandise tote placed in an aisleway. Staples intends to ask for a new trial, claiming the award is disproportionate to the injuries suffered by the plaintiff. The plaintiff endured multiple surgeries since the May 2015 incident, and his back has still not healed.

The victim was looking at computers in the store when an employee assisting him was called away, leaving the merchandise tote behind. The victim fell to the floor and felt immediate pain, according to his attorney. It was later found that he had a herniated disc in the lumbar region. There was numbness and pain in his lower back extending into the right leg.

Initially, the post-trip treatment began with physical therapy followed by epidural steroid injections into the lower back and other pain management techniques. These treatments did not relieve his pain, and he eventually underwent two surgeries. According to his legal team, the victim is no longer able to perform basic maintenance tasks at home, travel with his children, or enjoy simple things, such as decorating his home for the holidays due to his injury, and has a great fear of losing his independence due to his chronic pain issues.

Safety Not a Priority

Staples mounted a strong defense, alleging the victim was responsible for tripping over the item in the aisleway. The company also claimed his back issues did not result from the incident but were indicative of common changes in the lumbar spine in a person of his age. However, the medical expert hired by Staples was cross-examined, showing the so-called degenerative spinal changes did not apply. In addition, it was shown that Staples violated its own policies for customer safety, and that overall safety was not a priority at the Hamilton location.

Slip and Fall Accidents

Slip and fall accidents are among the most common types of personal injury litigation. While most cases are settled and do not go to trial, many stores and businesses are not as cognizant as they should be in preventing injury to customers. Anyone suffering a slip and fall injury in a store or business should document the incident as thoroughly as possible by taking photos and videos of the scene, obtaining contact information for any eyewitnesses, and seeking immediate medical attention.

Camden Slip and Fall Lawyers at DiTomaso Law Fight for Slip and Fall Accident Victims

If you or a loved one was injured in a slip and fall accident, you need the services of the experienced Camden slip and fall lawyers at DiTomaso Law. Located in Philadelphia and Cherry Hill, New Jersey, we serve clients throughout southeastern Pennsylvania and South Jersey, including Mt. Holy, Camden County, and Vineland. For a free consultation, call us at 856-414-0010 or contact us online.