Our client, an 81-year-old woman, was leaving a restaurant in Kansas City, Kansas, when her foot became caught underneath a rug near the exit. The rug lifted, causing her to lose her balance and fall. She was using a cane at the time of the fall and suffered a broken arm, a knee injury, and a busted lip.
The insurance company originally denied the claim. The adjuster argued that the rug had been flat and properly positioned before our client's fall. They also pointed out that several other customers had walked across the same area without any problems. According to the insurance company, our client's foot caught underneath the rug as she was leaving, causing it to lift. Because they believed there was nothing wrong with the rug beforehand and no evidence that the restaurant knew about a dangerous condition, they argued that the restaurant was not responsible.
We challenged that denial. We explained that a rug does not have to be dangerous every second of the day to create a tripping hazard. A rug that can lift, move, or catch someone's foot during normal use can still be unsafe, especially near an entrance or exit where people are regularly walking, turning, and opening doors. Just because other customers made it across the rug safely did not prove that the rug was properly secured or maintained.
We also challenged the insurance company's argument that there was no evidence the restaurant knew about the problem. The restaurant placed and maintained the rug for customers to walk across. We argued that this meant the business had a responsibility to use a rug that was appropriate for the area and to maintain it so that it did not become a tripping hazard.
The insurance company also pointed to our client's use of a cane. We argued that this did not remove the restaurant's responsibility to keep its property reasonably safe. Businesses should expect elderly customers and people with mobility limitations to visit their locations and should maintain their property with those customers in mind.
After the claim was initially denied, we continued pushing back against the insurance company's arguments and negotiating on our client's behalf. The case ultimately settled for $130,000.
“This case shows why an insurance company’s first answer does not always have to be the final answer. They denied the claim and argued that the rug was safe, but we challenged that position point by point. Our client deserved to have the full circumstances of her fall considered, and we kept fighting until we reached a $130,000 settlement,” said lead attorney Caroline Lowe.
Mike’s Got This! We Prioritize Your Recovery.
The Kansas City slip and fall attorneys at DM Injury Law will fight for the justice and compensation you’re owed after you or a loved one has been hurt after a night out at a restaurant. We offer free consultations and only get paid if we win your case.
