Florida Injury Lawyer Blawg
Leesfield & Partners attorneys, including Partner, Justin B. Shapiro, and Trial Lawyer, Evan Robinson, recently secured a $300,000 settlement for a client who suffered a traumatic fall at a Florida resort, causing him to shatter his wrist so severely it required painful reconstructive surgery with the implantation of metal hardware.
Our client fell in the bathroom of the resort’s main pool area, which employees described as being “constantly wet” from guests tracking in water from nearby showers, pools and hot tubs. Although a drain in the bathroom floor should have allowed this water to pass through it, the drain was not functioning properly on the day of our client’s fall, leaving a pool of dirty water that created dangerous, wet conditions. To make matters worse, the resort installed tiles in the bathroom that were so smooth and slippery when wet that our expert engineer who examined and tested the tiles described them as being “nearly as slippery as ice.”
On the day of our client’s fall, the bathroom floor was soaked with dirty water and littered with wet toilet paper and towels. The fall resulted in our client shattering his wrist, requiring him to undergo reconstructive surgery and the installation of metal hardware. Moreover, as a result of his fall, our client was diagnosed with De Quervain’s Tenosynovitis Syndrome, a condition that causes extreme pain and dysfunction due to nerve damage in the hand and wrist.
Take for example a case our law firm recently resolved involving a negligently maintained bathtub surface at a Days Inn hotel. Our client turned on the water, took one step onto the tub surface, and slipped immediately, resulting in a significant hip fracture. Our client reported to us that the shower surface was so slippery it felt like she stepped onto ice. She explained that the anti-slip coating on the surface appeared to be excessively worn and neglected. By the time the client contacted us, weeks had already passed, and the bathtub surface remained in service for other guests. Under the law, we would not be able to arrange an expert inspection of the tub until a lawsuit was filed. Accordingly, we refused to delay by trying to resolve the case without litigation. We immediately filed our lawsuit and, with the lawsuit, served on the hotel a Notice of Inspection for the earliest possible date the rules of procedure allowed. Later, when the hotel’s attorneys asked to postpone the unilaterally scheduled inspection, we respectfully declined in the interest of our client. The inspection proceeded just weeks after we were retained, and our expert engineer confirmed the hotel’s failure to comply with industry standards for slip resistance. The most crucial evidence in the case was preserved, and the hotel ultimately settled with our client for $675,000. Had we not aggressively pursued an immediate inspection, the hotel would have had a valid argument that a later inspection would not be representative of the conditions at the time of our client’s fall due to “months and months” of continued wear and tear by continued use, scrubbing, cleaning solutions, and so on.
As a result, this Canadian tourist, who was unfamiliar with the premises at dusk, tripped over an unlit obstacle and fell forward. He sustained multiple fracture to his nose and orbital bone which have caused life-altering and debilitating changes in his life, and personality. This claim was recently resolved before trial for $262,500.