Our 65-year old client had a slip and fall on the entrance ramp of a shop which was wet.
Our client fractured one ankle and sprained the other ankle.
Our client had a long history of diabetes, a pre-existing back injury, cardiac problems and hypertension which complicated the recovery of her fractured ankle.
We commenced Court proceedings against the owner of the shop and claimed negligence for putting water on the ramp (as evidence showed it had hosed the ramp), failing to place slip resistant matting, failing to warn our client the ramp was slippery and/or wet and for failing to have a proper cleaning system in place
The Defendant denied negligence and claimed our client contributed to her own injury by failing to keep a proper lookout for her own safety, that she knew, as a pedestrian she should have taken greater care, that she failed to take into account the characteristics of the area and failed to assess the risk and adjust her walking habits to take into account the ramp may have been wet and / or slippery.
An informal settlement conference was held at which time the Defendant made an offer to settle the matter for $25,000 inclusive of costs. That offer was rejected by our client and the matter then proceeded to a hearing in Court in August 2013.
At the conclusion of the first day of the hearing, the Defendant made an offer to settle the matter for $50,000 inclusive of costs which our client was very happy to accept for the injury she had sustained to her ankle as a result of the slip and fall at the entrance of the Defendant’s shop.