$110,000 – Kmart Slip and Fall – Thumb Injury

In 2012, we successfully tried a slip and fall case against Kmart in Fulton County. Kmart denied fault in the case but a jury disagreed and awarded our client $110,000.00 following a hard fought three day trial. No settlement offers were made on behalf of Kmart prior to the beginning of trial.

Our client was walking towards the checkout aisle when she slipped and fell in a large puddle of water that had leaked from under a beverage cooler and blended in with the white tile floor. She landed on her hand and suffered a thumb injury that eventually required surgery. Kmart contended that its employees were on constant lookout for hazardous conditions at the store and acted reasonably in protecting its customers from dangerous conditions. The jury disagreed with the store based on the fact that the employees who were in the area never noticed the large puddle, no warning signs were posted, and the store manager never reported the incident to Kmart’s loss prevention manager nor did they review the video surveillance system to determine if anyone had inspected the area in the hours before our client was injured.

In addition to overcoming Kmart’s denial of liability, our client, who was from Puerto Rico, had to overcome a language barrier because she did not speak English. Through the use of a legally certified interpreter, our client was able to describe the treatment she received as well as the pain she had suffered as a result of the store’s negligence. Despite her obvious injuries, and the facts we established through the time consuming, and expensive, depositions of several Kmart employees, Kmart made no offers to settle the case before it was reached for trial.

In the end, JUSTICE PREVAILED and the jury awarded our client full compensation for her medical bills and pain and suffering. Despite the challenging nature of slip and fall cases, which many lawyers shy away from, our firm fought hard for our client because we believed her injuries were the result of Kmart’s failure to keep its property safe for its customers. That’s Hartman-Imbriale, always willing to fight for our clients.

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