Hampton Roads Hospital Slip & Fall Victim Recovers for Injuries.

SCLA Staff:  John C., Attorney; Kevin M. Duffan, Attorney; Kelly Farley, Legal Assistant

Court Date:  Settled prior to trial

Case Description:  Fall on uneven stairs

Type of Injury:  Broken ankle and foot

What Happened:  Plaintiff was an employee at a local hospital when she fell on uneven stairs and broke her ankle outside of the cafeteria after her shift had ended.  Plaintiff had to undergo surgery to repair her broken ankle and endured a lengthy recovery period during which she suffered a stress fracture on her foot due to further complications from her injury. 

Outcome:  $112,500.00 Settlement prior to trial.

Key Legal Strategy:  Plaintiff's contention was that she fell due to the uneven and unsafe nature of the staircase.  We employed an architectural engineer expert to examine the staircase, and that engineer discovered that the stairs were not built up to code.  The height and depth of the risers on the stairs was not uniform, and therefore created a hazardous condition that ultimately led to plaintiff's fall.  The attorneys for the hospital claimed that Plaintiff could not recover in her lawsuit because she was an employee and on hospital premises, so her only remedy was worker's compensation.  Interestingly enough, the hospital's worker's compensation carrier had previously denied the plaintiff's claim.  Our legal team argued that even though the plaintiff was an employee, she had clocked out for the day and was not acting as an employee or on the premises for purposes of employment at the time of the fall.  Through hard-fought negotiations and legal arguments in court, we were finally able to get a recovery for our client.

Disclaimer: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain in your case.