5 Biggest Recent Slip and Fall Cases

Last week, an Alabama jury awarded $7.5 million to a man who fell while shopping for watermelons at a local Walmart. That may seem like a lot for a simple slip and fall, but security camera footage showed several shoppers suffering similar entanglements with a pallet hidden beneath the watermelon display, and Henry Walker went from playing basketball a few times a week with his friends to needing a walker just to get around after shattering his hip.

The case got us thinking about some of the biggest jury awards and settlements following slip and fall lawsuits, so here are the top five from our archives:

1. Slip-And-Fall Leaves Man Blind; Jury Gives Him $4M

Earlier this year, a jury found in favor of Bill Waite, who fell down an unmarked step along an otherwise level sidewalk. Waite, who previously had little to no functional eyesight in his right eye, struck his left eye against a chair, leaving him effectively blind.

2. Las Vegas Comedian Wins $1.3M Casino Injury Suit

The fall that left comedian George Wallace "permanently hobbled" with tendon damage was no laughing matter. The jury found the Bellagio liable for the onstage wiring in which Wallace became entangled, and compensated him for lost income.

3. Student Paralyzed in Apt. Fall to Get $11.6M

Lorna Bernhoft fell through a raised skylight opening on the fourth floor of an off-campus residence while a student the University of Pennsylvania. The fall left her paralyzed, and she reached an out-of-court settlement with the building's owners.

4. CO Trucker Wins $10M in Walmart Slip and Fall

In another case involving Walmart, Holly Averyt suffered debilitating back injuries resulting from a grease spill on a Greeley Walmart's loading dock. The retailer didn't do itself any favors in court, denying a spill ever existed before being confronted with city records of a grease spill investigation at the site.

5. Jury Awards $3.2M to Woman Injured at Ikea Store

Not a slip, but certainly a fall -- Xiaolei Zeng suffered a crushed pelvis when an eight-foot-high stack of countertops fell on top of her in a Potomac Mills, Virginia Ikea. Doctors testified during the trial that Zeng would likely suffer from lifelong pain.

Related Resources:

• Find Premises Liability Lawyers Near You (FindLaw's Lawyer Directory)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)
• Physical Evidence to Keep for a Slip and Fall Case (FindLaw's Injured)
• 7 Tips When Suing a Retail Store for Injuries (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/5-biggest-recent-slip-and-fall-cases.html

Walmart Watermelon-Buying Injury Nets Alabama Man $7.5M

Who knew shopping was this dangerous? Henry Walker found out while reaching for a watermelon in an Alabama Walmart in 2015. Walker's foot got caught in a wooden pallet on the floor, causing him to fall and shatter his hip.

Walker sued Walmart, claiming the retailer should've known the pallet was likely to cause an injury and failed to "exercise reasonable care, to maintain and keep its premises in a reasonable safe condition, and to warn the public of unsafe and hazardous conditions." A jury agreed, and awarded Walker $7.5 million in damages.

Precarious Pallet

Walker wasn't the only customer caught up in the pallet, hidden beneath the watermelon container. Walker's attorney showed jurors security footage from the Walmart depicting several other shoppers getting their feet caught in the side opening of the pallet. The same happened to Walker as he reached in for some fruit, and when he tried to turn around his foot got stuck and he fell.

"You don't expect to go into a grocery store walking fine on your two feet and come out on a stretcher," one of Walker's attorneys, Shaun O'Hara, said after the verdict. He pointed out that the 59-year-old played basketball with friends three days a week prior to the fall and now has to use a walker. "This fall completely changed Henry Walker's life," O'Hara said. "He is no longer able to do everyday activities that many of us take for granted."

Disability Damages

The jury needed just two hours of deliberation to rule in Walker's favor, awarding him $2.5 million in compensatory damages and another $5 million in punitive damages. "We are disappointed in the verdict and believe that the damages awarded were excessive in light of the facts in this case," Walmart spokesperson Randy Hargrove told AL.com. "We plan to appeal."

While Walker's attorney hopes the verdict will encourage Walmart to use pallet guards in the future, slip and falls at stores are sadly far too common. If you've been injured after falling in a store, talk to an experienced personal injury attorney about your case.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Walmart Shopper Hurt While Buying Melon Wins $7.5M Verdict (AP)
• Suing for Injuries at Walmart and Other Big Box Stores (FindLaw's Injured)
• Disabled Woman's Parents Sue Walmart Over Shoplifting Arrest (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/walmart-watermelon-buying-injury-nets-alabama-man-75m.html

Is the Air Force Liable in Texas Church Shooting?

Last week, Devin Kelley gunned down 26 people in a church in Sutherland Springs, Texas. As it turns out, due to an Air Force court-martial for domestic violence, Kelley should never have been allowed to purchase the AR-15 military-style rifle he used in the shooting. The problem was that the Air Force never reported his conviction to the National Criminal Information Center database used for gun-buying background checks.

According to the New York Times, the Air Force admitted that Kelley's domestic violence conviction should have been entered into the database and promised to conduct a review of similar cases to determine if others had been properly reported. But could that failure also lead to civil liability in the shooting? Here's a look:

Immunity?

While government agencies are often given immunity from civil lawsuits based on discretionary judgments, Timothy Lytton, law professor at Georgia State University, told Reuters the Air Force may not be able to invoke immunity in this case. When it came to reporting Kelley's domestic violence conviction, the Air Force failed to meet a legal requirement and such a failure does not fall within the service's discretion.

"I think plaintiffs have a strong case that could prevail against potential challenges from the government," Yale Law School professor Peter Schuck agreed, telling Reuters immunity would likely not bar a lawsuit filed by the victims and families against the Air Force based on Kelley's ability to purchase firearms.

Liability?

But just because the Air Force can be sued does not necessarily mean such a lawsuit would be successful. As other legal experts have pointed out, the central question would be whether the Air Force's clerical failure was the proximate cause of the deaths in Texas. Any injury lawsuit against the Air Force would be heard before a single judge rather than a jury, and courts have generally declined to find entities other than the shooters liable for mass shooting deaths.

No such lawsuits have been filed as of yet, but attorneys for the victims remain optimistic. "We believe we have a viable case against the Air Force," Houston attorney Hartley Hampton (who says he's been approached by the family of one of Kelley's victims) told Reuters.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• U.S. Air Force Could Face Liability in Texas Shooting: Legal Experts (Reuters)
• Could Mandalay Bay Be Liable in Las Vegas Mass Shooting? (FindLaw's Injured)
• Who's Liable for Gunshot Injuries? When Can You Sue? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/is-the-air-force-liable-in-texas-church-shooting.html

3 Myths About Medical Malpractice Lawsuits

Doctors and medical professionals are experts in their field, and we rely on their knowledge, insight, and judgment to make and keep us well. And if a doctor's medical expertise seems beyond our general understanding, so too can medical malpractice lawsuits.

That means a lot people, even lawmakers, have misconceptions about medical practice and how medical malpractice lawsuits work. For example, legislators thought they could reduce lawsuits by allowing doctors to apologize for mistakes without their apologies being used against them in court. It didn't quite work out that way.

Here are some other misconceptions and myths about medical malpractice lawsuits, and where to go to find the truth.

Any Doctor's Mistake Can Mean a Lawsuit

Medical professionals are human, and, like the rest of us, can make mistakes. But not every medical mistake is the basis for a medical malpractice claim. And just because you didn't have the desired medical outcome, doesn't necessarily mean your doctor committed malpractice. Proving fault in a medical malpractice case requires showing that the medical professional responsible for your care departed from a generally accepted standard of medical care. And making your case could involve complicated medical documents and expert testimony.

You Need Physical Injuries to Win a Lawsuit

Sometimes a doctor can breach their ethical duty without causing physical harm and not all malpractice results in physical injuries. You can file medical malpractice lawsuits against doctors and medical professionals for lying, for withholding information, and, in some cases, for emotional distress. What constitutes medical malpractice can go beyond mistakes in treatment.

There's Only So Much Money You Can Win

State laws on medical malpractice claims can vary, and yes, some states have caps on the money damages a plaintiff can recover in a medical malpractice suit. But some courts have struck down statutory limits on damages, while other states are putting damages caps to a vote.

Medical malpractice claims can me complicated -- difficult to understand and to prove. That's why you need the help of an experienced medical malpractice attorney. If you've suffered harm from medical treatment, contact a medical malpractice lawyer in your area right away.

Related Resources:

• Find Medical Malpractice Lawyers Near You (FindLaw's Lawyer Directory)
• Top 3 Myths About Personal Injury Lawsuits (FindLaw's Injured)
• 5 Slip and Fall Lawsuit Myths (FindLaw's Injured)
• 5 Car Accident Myths (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/3-myths-about-medical-malpractice-lawsuits.html

Can You Sue If Someone Makes You Sick?

With what we now know about how germs are spread, one might think that if someone gets them sick, they'll be able to sue the person who got them sick. While, generally, you can sue anyone for anything, particularly when you've been clearly wronged by another's negligence, doing so is not always a good idea.

Typically, cases involving the transmission of illnesses are plagued with some rather high hurdles. At the outset, not only will a victim be required to prove that the defendant actually got them sick, but also that it was intentional or negligent. And even though the first part might seem clear to you, if the illness can be spread in different ways, or is easily communicated in the air, or on surfaces, it's going to be really hard to prove. Though certain situations, like housing environments leading to illness, or STD transmissions, might be a bit more cut and dry.

STDs and Lawsuits

The most frequent types of illnesses that are the subject of lawsuits are sexually transmitted diseases, such as herpes or AIDS. While normally suing someone for getting you sick is ill-advised, if someone gave you a STD, speaking to an attorney about your options might be a good idea, as you'll likely require lifelong care, or rather expensive care.

STD cases are more common due to the fact that these illnesses and diseases are spread through direct sexual contact, and as such, it's easier to prove the "causation" element of the injury claim. Additionally, there is a higher likelihood that a person who gives another a STD either knows about their own condition, or at least should have known about.

Suing Over the Common Cold or Flu

While you know that your co-worker who sits two cubes behind you is responsible for your strep throat and/or flu, suing him might not even be possible. If you contracted your illness at work, it's unlikely that workers' compensation will apply, but it could (so check your state's laws). Additionally, even though you may have suffered some serious economic losses due to an ER visit, loss of wages, or other financial losses, common illnesses, like the cold or flu, are nearly impossible to recover on, as it is nearly impossible to prove how you got it.

But, if you have video or other indisputable evidence that a sick co-worker intentionally got you sick, you may wish to consult both a personal injury and an employment attorney, as that is a rather complex legal problem that will require careful consideration before taking any action.

Related Resources:

• Find Personal Injury Lawyers in Your Area (FindLaw's Lawyer Directory)
• Cruise Ship Sickness: Can Passengers Sue? (FindLaw's Injured)
• If I get Sick From a Customer, Is My Employer Responsible? (FindLaw's Injured)
• Can You Sue Over a Salad Poisoning Outbreak? (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/can-you-sue-if-someone-makes-you-sick.html

Woman Claims Sephora Lipstick Sample Gave Her Herpes

Just about everyone would like to sample something before they buy it. We try on clothes and shoes before purchasing, get sips of wine before assenting to the whole bottle, and hear snippets of music before downloading an entire song or album.

It's no surprise that we'd like to try on our makeup before we buy it as well. What else could account for the ubiquitous free samples at makeup counters in malls and stores nationwide? But exactly how we sample makeup has become a central issue in a lawsuit filed by a California woman who claims a lipstick sample from a Sephora store gave her oral herpes.

Sephora Samples

Elena Davoyan asserts that while other stores use "lipstick wands or swabs" or have individual, disposable tubes to make samples more sanitary, Sephora instead encourages "common use" lipstick use, offering "shelves and shelves of open lipstick tubes" and pads to clean the lipstick off. Davoyan claims this setup, along with a lack of warnings about the dangers of shared samples led to her contracting oral herpes from a lipstick sampler in 2015.

"The bottom line," according to her lawsuit, "is that (there) are numerous simple solutions to prevent the spreading of diseases through lipstick testers, and that is Sephora's responsibility." Davoyan claims she never had herpes or even a cold sore before that fateful visit, and is suing Sephora for negligence, negligent infliction of emotional distress, and intentional infliction of emotional distress. Her suit is seeking $25,000 in damages for an "incurable lifelong affliction."

Sephora the Source?

A study published in 2010 found staph, strep, and even E. coli bacteria on public makeup testers. Biological sciences researcher Elizabeth Brooks examined testers at makeup counters, specialty stores, and drug stores for two years. According to her research, on one Saturday she found 100 percent of the samples tested carried some sort of germ on it.

Sephora released a statement in response to the lawsuit: "While it is our policy not to comment on litigation, the health and safety of our clients is our foremost priority. We take product hygiene very seriously and we are dedicated to following best practices in our stores." And researchers at Johns Hopkins Medicine note that herpes is extremely common, estimating that somewhere between 50 and 80 percent adults carry the virus.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• Can You Sue for Getting Herpes? (FindLaw's Injured)
• Woman Infected with Herpes Gets $6.7M, BMW (FindLaw's Injured)
• Woman Wins $900K in eHarmony Herpes Lawsuit (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2017/11/woman-claims-sephora-lipstick-sample-gave-her-herpes.html

Utah Nurse Gets $500,000 for False Arrest

The July confrontation in Utah made headlines nationwide: a University Hospital nurse standing off a Salt Lake City police officer, refusing to allow blood to be drawn from an unconscious patient involved in a car crash. Alex Wubbels correctly pointed out to Detective Jeff Payne the patient was not under arrest, Payne did not have a warrant to obtain the blood, and that he could not obtain consent from the unconscious man.

Payne arrested Wubbels anyway, ostensibly for obstruction of justice, but the nurse was released less than an hour later and never charged. Today, Wubbels and her attorney announced they have reached a settlement with the city and the university that owns the hospital for $500,000.

Civil Settlement

"We all deserve to know the truth and the truth comes when you see the actual raw footage and that's what happened in my case," Wubbels during a press conference. "No matter how truthful I was in telling my story, it was nothing compared to what people saw and the visceral reaction people experienced when watching the footage of the experience that I went through."

The nurse announced she will use a portion of the settlement funds to help people get body camera footage of incidents involving themselves for free. Wubbels also said she also will make a donation to the Utah Nurses Association and will help spearhead the #EndNurseAbuse campaign by the American Nurses Association. According to reports, the settlement bars future civil litigation over the matter.

Criminal Matters

Still, a criminal investigation into Wubbels' arrest remains ongoing, involving the Unified Police Department, the FBI, and the Salt Lake County District Attorney's Office. In September, Salt Lake City Mayor Jackie Biskupski announced an internal affairs investigation had found Payne and his watch commander Lt. James Tracy violated several department policies during their interaction with Wubbels, and the city's independent Police Civilian Review Board determined both officers violated department policies. The Salt Lake Police Department fired Payne, and demoted Tracey to the rank of officer.

The University of Utah is splitting the costs of the settlement with the city after reports found university officers failed to defuse the situation or defend Wubbels from arrest.

Related Resources:

• Find Personal Injury Lawyers Near You (FindLaw's Lawyer Directory)
• What You Need to Know About Suing the Police (FindLaw's Injured)
• When Can I Sue Police for False Arrest? (FindLaw's Injured)
• Is It a Felony to Hit or Assault a Nurse? (FindLaw Blotter)

from Injured http://blogs.findlaw.com/injured/2017/11/utah-nurse-gets-500000-for-false-arrest.html