Injury

Premises Liability: 57 year old woman trips and falls over broken wooden landscape stake jutting onto sidewalk outside of her place of employment during cigarette break. Woman suffers fractured wrist requiring corrective surgery and extensive missed time from work.

Challenge

Property owner denies liability for hazardous condition created by vandals who routinely broke landscape stakes that were placed by landscaping contractor. Defense also asserts that plaintiff was injured “in the course of her employment” and recovery is barred by the Worker’s Compensation Statute. Plaintiff’s counsel establishes through discovery that property owner was aware of vandals breaking stakes and leaving them in place on or near sidewalk surfaces and only took remedial corrective measures after the injury. Injury occurred while plaintiff was on break and not in the regular course of her employment at retail store.

Result

Premises liability suit settled prior to trial at mediation for $60,000.00