An elderly woman was injured when she tripped over a ladder that was left in the aisle at Target. Is the store at fault? Does leaving this ladder unattended fall within the scope of not keeping their property free from hazards? Let’s discuss this case in detail and if you have questions about your own premises liability case, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The facts in the case
The woman in question was 83 years old and was shopping at a Target store in Escondido. She was walking down an aisle when she tripped over a 23-inch stepladder. The ladder also had a four-foot handle. A worker had been using it and had left it unattended. As a result of her trip, she broke her hip and filed a lawsuit against Target under the theory of premises liability.
The plaintiff’s side of the story
The plaintiff claimed that the ladder was indeed a hazard and that’s why she tripped and fell. Her attorney also claimed that there was a shopping cart across from the ladder, which was filled with cardboard and boxes also left behind by the workers. It was their opinion that the combination of the cart and ladder made a pathway so difficult to navigate that the fall was inevitable. The plaintiff did admit that she’d seen the ladder before she fell over it.
The defendant’s side of the story
Target’s defense team said that their workers were just following stocking procedures. They argued that the victim should have used her cane if she needed help negotiating the aisle. They also highlighted the fact that the woman had said numerous times that she’d seen the ladder before she fell over it and therefore she should have exercised the necessary caution.
The trail and verdict
The plaintiff asked for $250,000 to settle the case before the defendant made a motion for summary judgement. The court denied that motion, at which point the plaintiff asked for $750,000. Target countered with $10,000, which the plaintiff did not accept. A trial then went on for five days and at the end the jury found for the plaintiff. They found that Target was 90% liable and that the victim was 10% liable. After subtracting the victim’s percentage of negligence, her award was more than $1.5 million.
As you can see – it pays not to settle too early
Too often a plaintiff will have a valid case but will get caught up in the arguments from the defendant’s insurance company. They’ll begin to believe that taking a sure amount is better than going to trial – and sometimes it is. The key is working with a personal injury attorney who knows when to push and when to accept a settlement. Contact Law Offices of Fernando D. Vargas at 909-982-0707 today and ask for your free consultation if you want to learn more.
