Craig Walters, a longtime customer of Kroger's, was shopping at their Ridge Road store in Douglasville in May 2008 when he slipped on some crushed fruit that was on the floor. According to the Douglasville Patch, he fell on his back with such force that he injured his spine severely requiring back-fusion surgery and the insertion of rods and screws to help stabilize his spine. Mr. Walters asked Kroger to help him with his medical bills which had run up to almost $135,000 but they said they were not responsible for his accident and would not help him. That was when Mr. Walters turned to a Georgia premises liability attorney for help.
Owners and managers of property, including commercial property, are required by law to maintain their premises in a safe manner. Being a grocery store, managers and store personnel knew or should have known that people drop food items frequently and need to be vigilant about keeping floors clean and free of debris or any item that could potentially cause a slip & fall accident.
During the investigation of Mr. Walter's accident it was discovered that Kroger had a camera in the area of the store where he suffered his spinal injury. But when asked about recovering video footage from the camera Kroger said it did not cover the area where Mr. Walters had slipped. It was later discovered that the camera did cover the area of the accident. Ultimately it came out that Kroger lied about having video of the area and then destroyed any video evidence that might have been on the tape. Video evidence would have been very important in showing, not only that there was a spill of some kind on the floor, but also would have shown how long it was left there without being attended to.
Don't Be Intimidated By Others - Consult A Cumming Premises Liability Attorney
In December 2011 Gwinnett State Court Judge Joseph Iannazone cited Kroger for tampering with and destroying evidence and in "acting in bad faith." In this case Kroger was found to be completely negligent and responsible for Mr. Walter's injuries. The 3 day Jury trial, which began on January 17, 2012 awarded Mr. Walters a judgment of $2.3 million dollars. In deciding on the dollar amount the jury considered not only compensation for Mr. Walter's medical costs, but also wages lost because he could not work, reimbursement for his litigation costs, and damages for his pain and suffering.
Every year, many people slip and fall while they are out shopping or running errands at various business establishments. Fortunately, many of these falls turn out to be minor and result in a few bumps and bruises. But when a serious injury occurs and the establishment is at fault for allowing an unsafe condition causing a slip and fall, it is important to consult with a premises liability attorney. An experienced Georgia attorney can help protect your rights and inform you of your options in slip and fall accident cases and in other types of accident injury cases.
Call An Experienced Alpharetta Premises Liability Attorney Today!
If you or a family member has been injured due to the negligence of a property owner or manager, you should first seek medical care for your injury. The next thing you should do is consult with a personal injury attorney. Our Alpharetta premises liability attorneys at Daniel W. Mitnick & Associates are experienced at helping you recover the largest compensation you are entitled to. Call us today if you need help with your Cumming slip and fall accident or any Georgia accident injury caused by the negligence of another.
