Undisclosed
Settlement
TCPA class action against the Los Angeles Times. Final approval granted 2014.
Amy Jong, a 99 Ranch Market shopper has been awarded $1,077,063 in her personal injury lawsuit against the grocery store.
According to court documents, Jong slipped and fell while shopping at 99 Ranch Market in Dublin, California on an unidentified liquid near a refrigeration unit. As a result of the fall Jong had to undergo reconstructive surgery the next day. However she later developed necrosis which led to her needing a full hip replacement. Necrosis is death of body tissue. It occurs when there is not enough blood flowing to the tissue, whether from injury, radiation, or chemicals. Necrosis is not reversible.
In her lawsuit, Jong blamed Welcome Market Inc., the parent company of the 99 Ranch Market, alleging it failed to adequately inspect the premises. She further contended that the floor was excessively slippery.
In cases like the above, the courts take in to consideration the following when determining whether the property owner or business is legally responsible for the injuries someone suffered from slipping on their property:
• Did the owner of the premises or an employee cause the spill or slippery surface?
• Did the owner of the premises or an employee know of the dangerous surface but done nothing about it.
•The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and fixed-it.
In determining a property owner’s “reasonableness,” the court concentrates on whether the owner makes regular and thorough efforts to keep the property safe and clean:
•If a person slips on a wet, had the dangerous spot been there long enough that the owner or employees should have known about it?
•Does the property owner have a regular procedure for examining and cleaning the premises? If so, what proof does the owner have of this regular maintenance?
•Could a barrier or warning sign have been put in place to prevent people from slipping?
If you have suffered a personal injury due to the negligence of another person or entity, please give California Personal Injury Attorney Todd M. Friedman a call at 877-449-8898 for a free consultation.
