Overview
Our client, a 47-year-old nurse, suffered a serious fall while shopping at a nationally known retail chain. She slipped on a puddle of water left near the entrance of the store — a result of poor maintenance during a rainy day. The fall caused her to land on her lower back and left wrist, resulting in a herniated disc and a fractured radius. Despite obvious negligence, the store initially denied responsibility and refused to offer any meaningful compensation.Injuries
- Herniated lumbar disc (L4-L5)
- Fractured left distal radius (wrist)
- Chronic pain requiring physical therapy and steroid injections
- Missed work and lost wages
Our Approach
- Preserving Surveillance Footage: We sent a spoliation letter within 48 hours of being retained, which compelled the store to preserve and eventually produce video footage. The tape clearly showed a trail of water tracked in by customers — and no wet floor signs or cleaning staff in the area.
- Deposing Store Employees: Testimony revealed that the store had no formal rain-day maintenance policy and that staff were told to “just keep an eye on it.” That casual attitude directly violated industry safety standards.
- Medical Expert Support: Our medical expert connected the herniated disc and wrist fracture to the fall, and projected future treatment costs. We also secured a report from a vocational expert documenting the impact on our client’s ability to return to nursing full-time.
- Aggressive Negotiation: Before filing suit, we presented a detailed demand package supported by photos, medical records, witness statements, and expert reports. The defense made a lowball offer, but we stood firm — preparing for trial until they came back with a proper figure.
Outcome
After multiple rounds of negotiation, the retail chain agreed to a confidential settlement in the mid-six figures shortly before trial. The amount covered medical expenses, pain and suffering, lost wages, and future care — and gave our client peace of mind and financial security as she recovered.Result:
- ✅Confidential Mid-Six-Figure Settlement
- ✅Full Reimbursement for Medical Bills
- ✅Compensation for Lost Wages and Pain & Suffering
- ✅No Admission of Liability by the Defendant
Reflections
Big corporations don’t pay unless they’re forced to. At Maloney Law, we build every personal injury case as if it’s going to trial. That’s what gets results. Our client came to us scared, hurt, and ignored. We made sure her voice was heard — and her injury fully compensated.