$87,500 Slip-and-Fall Case

Hampton, VA
Type Of Case:Slip-and-fall
Location:Hampton, Virginia
Injuries Sustained:Scaphoid fracture
Place of Accident:Hampton, Virginia
Suit Filed:Hampton Circuit Court
Verdict or Settlement:Settlement
Key Takeaways:Premises liability cases can be tough in Virginia. The owner of the property can always try to show the condition was open and obvious or that the injured party contributed to their injury by not watching where they were going. Both arguments bar a recovery for the injured party.

Our client was walking on a mall sidewalk in Hampton, VA when she tripped over a portion of the sidewalk that was not level. Under the concrete in this particular area, there was a grease trap used by the nearby restaurants which had recently been replaced. After the construction was complete, the company employed to replace the concrete walkway failed to adequately level the sidewalk. Due to this structural deficit, the concrete posed a risk to individuals walking by.

After the incident, our client suffered injury to her left hand and wrist. She was evaluated by EMTs at the site of the accident but decided that she would not go to the hospital. She continued to have persistent wrist pain, but since she had an appointment for a routine physical when she returned to Charlottesville, she decided to wait for further evaluation. She did not realize the severity of her injury until her appointment. An x-ray was ordered and a left wrist fracture was discovered. She was then referred to a doctor at the UVA Department of Orthopedic Surgery. The doctor placed in her in a splint to see if her fracture would heal on its own. Soon after, it was noted that her fracture had not healed and surgery was deemed necessary. Our client had a prior surgery to her left distal radius in 2002 and already had hardware inside of her hand from this surgery. During the surgery to repair the scaphoid fracture, the old plate from our client’s injury in 2002 was removed as well as the scaphoid bone fractures.

Our client followed up with the doctor and was noted to have improvement of her pain and was placed in a splint to aid her healing. She soon began physical therapy at UVA HealthSouth. At her last appointment with her doctor, our client reported feeling much improved.

Although we did file a lawsuit in the Hampton Circuit Court in this matter, this case was successfully mediated by a retired judge and we recovered the amount of $87,500.00 for our client, which exceeded three times the medical bills. Our client was extremely pleased with this outcome.

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