Plaintiff Wins $2.4 Million After Tripping In Pothole At Walmart Parking Lot

A California woman won a $2.4 million jury verdict from Walmart after she tripped and fell over a pothole in the Walmart parking lot. According to the lawsuit, the woman required spinal fusion surgery as a result of her injuries.

The plaintiff fell outside a San Diego Walmart in February 2020 and allegedly suffered multiple herniated discs as a result of the accident. In her lawsuit, she blamed the fall on a half-inch-deep pothole just behind a parking space that she alleges was concealed by a shadow cast by another car.

Her attorney argued that Walmart’s internal policies required staff to perform a daily sweep of the grounds including the parking lot. However, the pothole was not reported and no steps were ever taken to repair it.

The plaintiff did not ask for a specific amount of damages but told jurors that her injuries saddled her with $300,000 in medical expenses.

The defense 

Walmart employed the “not my pothole defense” in this case. They argued that the pothole belonged to an adjacent real estate firm with office space using the same shared parking lot. They maintained that this firm was responsible for maintaining the area where the plaintiff fell, and disclosed to jurors that this company settled the case out of court prior to the Walmart trial.

Walmart further argued that the plaintiff was using her phone at the time that she fell and that a half-inch change in elevation is what most pedestrians can expect to encounter in the majority of parking lots.

The defense also argued that numerous other pedestrians safely traversed the area immediately before and after the plaintiff fell. The defense further suggested that her claimed medical expenses were excessive and partially driven by a physician who treated her on a lien basis and supposedly had a financial interest in the case.

The verdict 

The jury found in favor of the plaintiff and awarded her $2.4 million in damages. They assigned 65% of the blame on Walmart for the injury with the extra 35% going to the real estate firm that settled with the plaintiff out of court.

Parking lot injury lawsuits 

Slip, trip, and fall injuries sustained in parking lots are generally actionable. In this case, Walmart was accused of leaving a dangerous condition on their property that caused an injury to the plaintiff. Walmart knew or should have known about the pothole because they conducted daily sweeps of the premises. Hence, they were aware of the dangerous condition and did nothing to remedy it. Proprietors are responsible for maintaining their property in safe condition. Walmart didn’t and had to pay.

Talk to a Jacksonville, FL Personal Injury Lawyer Today 

Gillette Law represents the interests of those who have been injured in slip and fall accidents on another person’s property. If you have sustained injuries due to a slip and fall accident, call our Jacksonville personal injury lawyers right away to learn more about how we can help you recover damages related to your medical expenses, lost wages, and reduced quality of life.

Source:

blog.cvn.com/slip-and-fall-trial-begins-over-pothole-in-walmart-parking-lot-watch-online-via-cvn