Slip-and-Fall at Mall Results in $243,000 in Damages

SLIP AND FALL AT MALL RESULTS IN $243,000 IN DAMAGES

 A Lafourche Parish woman who was shopping at the Southland Mall with her husband and son aggravated a pre-existing degenerative condition in her low back when she slipped and fell in rainwater which had accumulated in the Mall’s common area. 
 The accident occurred in October, 2007 when our client and her family were walking near the kiddie rides at the Mall.  It had been raining on and off for much of the day and had apparently just begun raining hard as the family was walking through the Mall.
 Water began dripping from the ceiling and onto the floor and was very difficult to see.
 “Our client was minding her own business and taking a stroll through the Mall when, unbeknownst to and unseen by her, a puddle of water accumulated in the path ahead,” according to Jerry L. Hermann, who handled the case for the firm. 
 Through interviews and the discovery process, we were able to learn that the Mall had a long-standing problem with its roof which resulted in numerous leaks throughout the Mall area.
 Employees of various stores around the area where our client fell testified that this was not the first time that rainwater had gushed through the ceiling and accumulated on the floor.
 “Nearly every employee in the area testified that this water leak was nothing new – in fact it had been there for perhaps more than a year,” Hermann said.  “Some employees said that the leaking roof was taking a toll on their inventory and business.
 “When paramedics and first responders arrived at the scene to assist our client, they found themselves becoming drenched in the overflowing rainwater.  There were stains on the Mall’s ceiling which indicated that the roof had leaked before as well as water pouring through in real time which proved conclusively that the roof was leaking at the time of the accident.
 “Can you imagine being a first responder and being hindered in your ability to help because of water soaking your own clothes?” Hermann asked.
 “This was the unfortunate situation our first responders were confronted with in this case.”
 Our client was treated and released at a local hospital and, after months of back pain, came under the care of a local orthopedic surgeon. 
 MRI’s and other tests showed that our client had severe degenerative arthritis in her spine.  The treating orthopedic surgeon testified by deposition that, while he felt it was more likely than not that our client would have needed back surgery some time in the future because of her pre-existing condition, he also felt that the fall at the Mall was the “straw that broke the camel’s back” in causing the immediate need for low back surgery.
 Kopfler & Hermann had to address a number of issues before they were able to fairly resolve the client’s claim.  The biggest issue was the lien of the healthcare provider which had paid close to $150,000.00 in medical bills as a result of the client’s back surgery.
 We kept in frequent communication with the health insurer and shared with them the evidence of our client’s pre-existing condition to show them that her injury was pre-existing and aggravated by trauma.
 After sharing of information and further negotiations, the health insurer reduced its lien to approximately $19,000.00 which opened a door to a fair resolution of the claim.
 “We did not have a lost earnings claim because our client was not working at the time of the accident.  Her claim was basically for medical expenses and pain and suffering, past and future”, Hermann said.
 Kopfler & Hermann mediated the case in New Orleans but negotiations fell through until we were able to resolve the health care lien issue.
 “Our clients are often surprised at how big their files become and about how many issues are involved in getting a case resolved,” Hermann said.  “This case was no different.”
 “It really helped when the defense attorneys and their insurance representative realized how nice our client was”, Hermann said.
 He also noted that the case was referred to Kopfler & Hermann by a Lafourche Parish attorney.  “We are fortunate to get referrals from other attorneys in our area who either do not handle personal injury litigation or who just want assistance on a given case,” Hermann stated.  “We enjoy handling cases referred by other attorneys and actually feel honored that they choose us to help them out.
 “It is especially gratifying when the work of both referring counsel and our firm results in a fair and just settlement of our client’s claim,” Hermann said, noting that the case settled for $243,000.00.

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