Background

My client fell on a slippery floor in a grocery store. The slippery floor was caused by some squashed fruit. The store prepared an incident report.

Within a couple of hours of the fall, my client was in considerable pain such that she went to the local hospital emergency department. X-rays taken revealed that my client had suffered a severe ankle sprain. Additionally, her elbow, although not broken, was very sore with pain radiating down to her wrist and hand. My client took pictures of her injuries. She was unable to work or carry out her usual routines for a number of days while she healed. The store offered to settle with her for the sum of $400.00. That is when she called and met with me.

Resolution

I wrote to the head office of the grocery store declining the insulting offer of $400.00. As expected, I was then contacted by the store’s insurer. After some back and forth communications, the matter settled to my client’s satisfaction for $7,500.00 without the need for litigation.

Takeaways

There are four important takeaways from this matter:

  • Always ensure that the store is aware of any injury that has occurred on its premises and has made an incident report. Obtain the name or names and positions of the people you have reported the incident to.
  • Take pictures of what caused the injuries. Take pictures of the actual injuries as well.
  • Document in writing the date, time, and other details of what happened at the earliest time possible after the incident has occurred.
  • If you think that you are injured beyond a mere bruise, seek medical help promptly so that your injuries will be properly documented.