Average Premises Liability Verdicts

2022 – Florida

Plaintiff was staying at a Disney resort when he slipped and fell in the bathtub of his resort room. He alleged that the shower was draining poorly and had soap residue buildup making it slippery. He suffered various unspecified injuries. The defense claimed that the condition in the bathtub was open and obvious.

$375,000 Verdict

2022 – Washington

Plaintiff was staying at a Days Inn and as she went into her room, she tripped over an uneven threshold entering into the room. Plaintiff contended the hotel was negligent in allowing a change in elevation with no warning to the guests. The defense argued that it was in the process of changing the carpet, there was ample warning of the remodel, and Plaintiff bore significant comparative fault as she should have watched where she was going.

$375,000 Verdict

2021 – Texas

the plaintiff allegedly suffered facet arthrosis of the cervical spine, aggravation of degenerative disc disease, numerous facet joint injections for pain, a left shoulder fracture, headaches, and memory impairment when, while touring a gym operated by defendant, he fell into a hot tub/spa that was empty due to ongoing maintenance work.

$1,516,606 Verdict

2020 – Virginia

A woman slipped and fell in a retail store. She suffered a shoulder injury, an ankle fracture, neck pain, back pain, carpal tunnel syndrome, and dysfunction to her bowels and bladder. The woman underwent ulnar nerve release decompression surgery to treat her carpal tunnel syndrome. She also underwent the implantation of a sacral nerve stimulation neurostimulator to treat her bowel and bladder dysfunction. She incurred $63,000 for the treatment of her neck, back, ankle, left shoulder, left arm, and left elbow. However, the defense disputed her $337,000 claim, which resulted from her bladder and bowel dysfunction. They argued that she was only treated for these injuries two years after her fall. The case ultimately settled for $775,000.

$775,000 – Settlement

2020 – New York

A 31-year-old man fell through a vault’s door as he was walking on a sidewalk. He landed inside an underground vault that contained water. Police rescued him and he was brought to the hospital. His immediate concern was hypothermia.  He was  diagnosed with multiple disc herniations, a pinched nerve, and radiculopathy down his left arm. He sought physical therapy, chiropractic treatment, and acupuncture therapy. The man claimed that his initial treatments failed to resolve his injuries. He then underwent a discectomy. The man followed up with physical therapy and painkilling injections to his neck. He claimed improvement but continued to experience radiating pain and mobility limitations. The man had not returned to work since the accident. He sued the company that maintained the vault, alleging improper maintenance of the vault’s door. The man claimed that the door’s three hinges deteriorated, as the hinge’s bolts were either dislodged or broken. He also alleged that the company failed to timely inspect the vault. This case settled for $3,500,000.

$3,500,000 – Settlement

2020 – California

A 61-year-old man slipped and fall in on a wet floor inside a Jack in the Box restaurant. He slipped in an area near where an employee had been mopping. The man visited urgent care, where the staff diagnosed him with a right rotator cuff tear and disc protrusions. He sought conservative care, which failed to resolve his injuries. The man then underwent arthroscopic surgery. He followed up with rehabilitation and physical therapy. His right shoulder pain improved, but he continued to experience pain. The man also underwent lumbar fusion surgery, which failed to treat his back pain. Several months later, he underwent a surgical revision, which improved his condition. He claimed that he would need to undergo pain management and in-home assistance for the rest of his life. The man sued the Jack in the Box franchisor, alleging that their employees failed to put warning cones near the mopped area. The franchisor admitted liability. This case settled for $2,000,000.

$2,000,000 – Settlement

2020 – Connecticut

A 59-year-old woman slipped and fell on an ice patch in an office building’s parking lot. An ambulance took her to the hospital, where she was diagnosed with a left wrist fracture, a left rotator cuff tear, bilateral trigger fingers, and sprains to her neck and back. She underwent open reduction and internal fixation surgery to her wrist and arthroscopic surgery to repair her torn rotator cuff. The woman also underwent physical therapy for her neck and back sprains and conservative therapy for her trigger fingers. She claimed that her range of motion had been decreased. Before the accident, the woman used to work 70 hours a week, but now only worked about half those hours. She sued the building’s owner for failing to apply salt or sand on the parking lot’s pavement. The defense counsel contested liability, arguing that the woman caused her injuries by not looking out for her safety. This case settled for $145,000.

$145,000 – Settlement

2020 – Texas

A 67-year-old man entered a Valero gas station through its side door. As he walked inside, he slipped and fell on the wet floor. He was brought to the hospital, where he was diagnosed with a right femur fracture. The following day, a surgeon performed a total knee replacement revision, which included the insertion of a metal rod to his femur. Within the next two years, he fell three additional times. The man underwent surgery and physical therapy after each subsequent fall. He claimed that his sustained injury at the gas station weakened him, leading to his falls. The man now used a walker and was now considered a significant fall risk. He sued the gas station for failing to warn of dangerous conditions. His counsel also claimed that the gas station knew that the water would accumulate around the side entrance after heavy rains. The case settled for $775,000.

$775,000 – Settlement