Gordon & Lowman recently secured a $200,000 settlement for a client who tripped and fell on a defective pallet guard while shopping in the produce section at a Giant Food Store.
Pallet guards are plastic or rubber barriers positioned at the base of fruit and vegetable stands in grocery stores and supermarkets to prevent customers from tripping on pallet edges or being hurt by nails protruding from pallets.
Mr. Lowman uncovered evidence during the lawsuit indicating that the pallet guards used at this particular store frequently dislodged and created tripping hazards. This was a recurring problem for years and at least one other customer was injured due to the same issue prior to our client's fall.
Rather than fixing the problem by getting new pallet guards or adding mechanical fasteners to prevent the guards from separating and causing a tripping hazard, when questioned by Mr. Lowman, a manager testified she would just put the guards back in place whenever she noticed they disheveled.
Gordon & Lowman retained a retail and supermarket safety expert with over 30 years of experience in the field who ultimately concluded Giant's failure to take any meaningful safety measures despite their knowledge of this recurring problem was negligent and violated industry safety standards.
As a result of the fall, Plaintiff sustained herniated discs and pinched nerves in his neck and back confirmed by diagnostic testing and underwent multiple rounds of physical therapy, pain management, and steroid injections over the course of two years. Plaintiff's orthopedic surgeon eventually decided spinal fusion surgery would be the only possibility to help address his ongoing symptoms after non-surgical measures failed. The Plaintiff ultimately decided against surgical intervention after considering the risks.
The case settled prior to trial after extensive litigation.
Gordon & Lowman‘s attorneys fight for our client’s and know how to maximize the value of your case. Call us at 856-209-3425 for a free case consultation.