Type of Case – Framingham Injury Attorneys and Negligence Case – Failure to Properly Protect Elderly Patron from Dangerously Wet Floor
Settlement – $725,000.00
A totally independent elderly woman who lived alone and drove entered a fast food restaurant by an entrance that did not have a weather carpet over the ceramic tiling flooring. Two other entrances did have such protective weather carpeting. Outside the restaurant there was a snow cover and a cleared walkway but it was wet and water was tracked in from the doorway our client used. As she entered, she slipped and fell fracturing her hip requiring surgery and external wire fixation to stabilize the fracture.
After a lengthy hospital admission, she was transferred to a rehabilitation facility for several months and then, because it was feared she could not care for herself or get around easily, she was told she would have to move to a nursing home. The restaurant argued that the floor was not wet and not recently mopped. However, witnesses that we located disproved the restaurant’s initial argument. The restaurant then argued that water must have been tracked in from outside because of the weather conditions and here is where their failure to have a weather mat at each of the three entrances let to a successful resolution of the case. Our client specifically remembers there was no carpet at her entrance and the testimony of the weather carpet supply company verified that they had on occasion not brought enough mats for the multiple entrances. The case settled for $725,000.00. The client was then able to return home with the settlement providing for help at home, a hospital bed and other structural changes to allow her to move about in her home. Finally, since the client was already receiving Medicare, we were able to draft a special type of trust that allows her to benefit from the settlement monies without losing her hard earned social security Medicare benefits.
Our experienced Framingham slip and fall lawyers provide legal services to individuals, families and businesses throughout the Greater Boston region as well as all of Massachusetts. Located in the Boston Metrowest town of Framingham, our attorneys serve adjacent communities including Ashland, Cambridge, Dedham, Dover, Hopkinton, Holliston, Lowell, Marlborough, Maynard, Medfield, Natick, Needham, Newton, Sherborn, Sudbury, Waltham, Wayland, Wellesley, Weston, Middlesex County and Worcester County.