Our client had exited her car and was walking across the parking lot when she tripped and fell, striking her hands and knees on the pavement and then falling onto her left side. While lying on the ground in grave distress and pain, she looked to see what caused her to fall and saw a rusty piece of rebar protruding from the pavement in the exact spot where she tripped. The imbedded rebar was meant to attach the wheel stop to the pavement, but the wheel stop was broken and out of place, leaving the rebar by itself and visually concealed by an oil stain.
Even the manager of the store who was charged with responsibility to maintain the parking lot agreed that the rebar sticking out of the pavement was a dangerous condition and potential tripping hazard. Ultimately, through the litigation discovery process, we determined that no one was inspecting the parking lot for potential tripping hazards nor were they maintaining the concrete wheel stops, which resulted in the dangerous condition that our client encountered on that day.
As a result of her fall, our client suffered multiple injuries to her upper and lower extremities including a broken elbow and eventually underwent three surgeries to her right knee including a total knee replacement. Her medical bills were nearly $170,000, and she had no health insurance. The doctors anticipate she will likely incur medical costs over her lifetime of nearly $400,000.
Thankfully, we were able to resolve this lawsuit to the complete satisfaction of our client.