Sharon Truax, 62 of Carnesville, Georgia was used to bringing her Chihuahua, Sissy, in for grooming to the Royston Animal Hospital. But one day while picking up her dog, she was directed to the clinic exit in the hospital’s new building. Unfamiliar with the layout, she tripped and fell on a large animal scale that was placed behind a corner. Traux fell badly and broke her femur above the knee. Today she lives with a plate, screws, and pain as a result of the fall. On Tuesday, November 8, Traux was awarded $200,000 by a 12-member jury for her medical bills and pain. Her premises liability claim was brought by Farah & Farah attorney Kevin Elwell from our Brunswick, Georgia office, who used diagrams to show how Traux couldn’t have possibly seen the scale.
“We were able to show graphically that the scale was out of view and she would have had to have been staring at her feet as she walked. The law in Georgia does not say you have to look continuously at your feet to take due care,” says Elwell.
The insurer for the animal clinic, State Farm, did not make any pre-trial offer to settle.
Premises Liability
Property owners, whether it be a homeowner, a business owner, or the owner of a commercial property such as a shopping mall or grocery store, have a duty to make sure the public is safe when visiting the property. In a premises liability lawsuit, also known as a slip and fall, the injured victim will attempt to show their injuries resulted from the negligence of the property owner, because he or she knew, or should have known, the dangerous condition existed and failed to make the necessary repairs or warn the public about the danger. This does not let the visitor off the hook entirely. He or she must still exercise reasonable care when visiting the property.
A business owner owes their visitors the highest level of care. Whether a grocery store, a gym, or a restaurant, the owner must regularly inspect for hazards so they are aware of any dangers that exist.
If you or a loved one have been injured in a slip and fall accident, even if you feel you share in some of the fault, a complimentary consultation with the premises liability lawyers in Florida at Farah & Farah will answer some of your questions and provide you with a direction. Call us at 1(800) 533-3555.
