Our client was walking in the parking lot of a national retail store when she encountered a large pothole. The client already had limited mobility and walked with a cane. The pothole was so big that even when our client tried to walk around it, she still fell.
She broke her tibia in the fall and needed multiple surgeries. The accident caused her to stay in the hospital for a month. When we filed the claim against the store’s insurance company, they denied liability because they claimed the pothole was noticeable and could have been avoided.
Our premises liability attorney argued that yes, it was noticeable, but it was so dangerous that when our client tried to avoid it, she was still injured. From there, they offered our client $50,000. This was not enough to cover her medical bills and other losses.
We spoke with the attorney representing the defense, and they agreed that the pothole was dangerous. In the end, we secured a $180,000 settlement for our client.
“This store attracts people of all ages. It should be more accessible for people with pre-existing conditions.”
– Attorney Katherine Lenson
