What were the facts of this slip and fall premise liability case?
The case caption for this slip and fall personal injury lawsuit was Christine Garland v. Crestline Hotels, and it was filed in the State Court of Fulton County. The $3.6 million dollar jury verdict for a Atlanta slip and fall personal injury claim was rendered on 06/15/11. The plaintiff was a 35 year old executive who suffered permanent injuries in the fall.
How did the slip and fall accident occur?
The personal injury claimant was injured in a slip and fall accident in a hotel on a wet marble floor. On the day of the accident it was raining and the hotel had their 8 large front doors open. The plaintiff was at the hotel for a conference and was near the front doors distributing materials to the seminar guests. Because it was a windy day, her materials were being blown around. The plaintiff asked the hotel to close the front doors, but the hotel staff refused to do so. When the plaintiff and her boss attempted to close the front doors themselves, the plaintiff slipped and fell on the marble floor.
The personal injury claimant alleged that the hotel’s staff was negligent in the following manner:
The slip and fall attorneys for the plaintiff presented the following arguments:
(1) Dangerous Condition: She alleged that the hotel failed to close the doors when asked which resulted in the marble floor being more wet and slippery than usual.
(2) Failure To Make The Property Safe: She alleged the hotel failed to put out mats that would make the marble floor less slippery.
(3) Failure To Warn: She also alleged that the hotel failed to warn others that the floor was wet and slippery with wet floor signs.
What defenses did the defendant hotel raise to defend this slip and fall personal injury lawsuit?
The Defendant hotel denied liability based on the following factors and defenses:
(1) No Negligence: The hotel denied they were negligent and alleged that the plaintiff did not allow the hotel staff adequate time to put mats and towels on the floor. Further, the hotel claimed the plaintiff’s company had requested that the doors be open.
(2) Comparative Negligence: The hotel claimed the plaintiff was responsible for her own injuries (comparative negligence) for walking quickly in high heel shoes on a wet marble floor.
(4) Assumption Of The Risk: The hotel raised the assumption of the risk defense claiming the risk was open and obvious and the plaintiff assumed the risk of falling by walking quickly in high heel shoes on the wet marble floor.
What factors must be present to recover $3.6 million for a Slip and Fall Personal Injury Claim?
A jury verdict of $3.6 million dollars is an incredible recover for any type of personal injury case, but it is even more rare for a slip and fall personal injury claim. Attorney Richard Griffin, an experienced slip and fall premise liability attorney, believes that the following factors were critical to making this outcome possible:
(1) Fulton County Venue: The venue is where the personal injury lawsuit must be filed. In this case the venue was Fulton County (Atlanta, Georgia) which is a venue that is known for returning higher plaintiff's verdicts than many other venues in Georgia.
(2) Great Plaintiff: A great plaintiff is a plaintiff that is honest, friendly, likable, and someone that the jury can connect with and understand. In this case the plaintiff was a female executive whose testimony was very compelling to this Fulton County jury.
(3) Serious Injuries: The plaintiff in this case sustained a torn tendon in the wrist and torn pectoral muscle both requiring surgery. She also had permanent nerve damage in her shoulder and elbow and lost her ability to use her right arm and hand.
(4) Big Damages: The plaintiff had $215,207 in past medical treatment, $10,000 in projected future medical treatment, and $320,000 in lost wages. The jury awarded $1,109,600 in pain and suffering.
(5) Sympathetic Jury: The high jury verdict clearly demonstrates the jury was extremely moved by the plaintiff's case.
(6) Strong Plaintiff's Attorney: Good jury verdicts usually do not happen unless the plaintiff's attorneys presented a great case to the jury. Then all of the other elements listed above typically have to be there too. A well tried personal injury case alone will always help, but standing alone great jury verdicts usually require a "perfect storm" of all of these factors.
Why should every personal injury claimant contact an experienced personal injury attorney?
(1) Thorough Accident Investigation: Personal injury attorneys can investigate the accident and secure evidence that supports liability. This could include photographs, surveillance videos, recorded statements, and other important evidence.
(2) Preservation of Evidence: Good personal injury lawyers will send spoilation letters to make sure the defendants preserve rather than destroy evidence such as surveillance tapes.
(3) Medical Documentation: Experienced personal injury attorneys will assist their clients in finding doctors who will provide the needed treatment and evaluation. If the client does not have health insurance or med pay coverage, then good personal injury lawyers can even find doctors who will treat on a lien or will accept medical funding company payments.
(4) Lost Wage Documentation: Strong personal injury lawyers will assist their clients in making sure lost wages are fully documented with work excuses and Wage and Salary Verifications.
(5) Great Recoveries: Great personal injury settlements or jury verdicts do not usually happen by accident. Rather good settlements or jury verdicts are normally the result of excellent personal injury representation. In the area of slip and fall, trip and fall, dog bites, negligent security, and other premise liability cases, cases can even be dismissed by summary judgment if the evidence does not meet the high burden of proving that the land owner or occupier was negligent or that they either knew or should have known of the dangerous condition on their property.
How can I get a free slip and fall personal injury consultation?
Attorney Richard Griffin of The Griffin Law Firm, P.C. will always provide a free consultation for your personal injury, wrongful death, worker's compensation, or social security disability claim. For your free legal consultation, please call 866-847-6545 or submit your case to our firm through the following link: [FREE SETTLEMENT EVALUATION]
What happens if a worker's compensation claimant represents themselves?
Attorney Richard Griffin of The 
Social Media