Berger and Green represented an individual who tripped at a home improvement store. Our client tripped because the store stacked concrete blocks on a pallet outside of the exit to the store. When leaving, he caught his foot on the edge of the protruding pallet, tripped and caught his head and face on the concrete block stacked on the pallet. He suffered fractures to his face, as well as scarring, bruising, numbness and a concussion.
The insurance company for the store argued that our client “should have seen” the concrete block, and avoided them. We argued that it was the pallet that caused him to trip and injure himself. Customers expect their pathways in, out and through a store that is open for business, to be free from tripping hazards that might result in injury. After obtaining all his treatment records, medical expenses and incident evidence, Berger and Green was able to negotiate a settlement for the full value of both our client’s economic, and non-economic loss, without giving a discount to the insurance company based on any claim for contributory negligence.
