A man and a woman in another state were recently awarded $700,000 in a premises liability case. The award came after the man suffered a shoulder injury due to dangerous property conditions at a Kroger store. Specifically, he slipped after stepping in a puddle of water at the grocery store. If people in West Virginia or elsewhere are injured on property that has not been maintained properly, they may have the right to take legal action.
In the reported case, the elderly man who was injured had to undergo surgery for a torn rotator cuff. Kroger had video footage that showed that the worker who was responsible for sweeping the floor in the area where the man fell was really bagging groceries instead. The man claimed to have concussion symptoms and also asserted that he lost some mobility in his arm.
In 2014, Kroger was offered the opportunity to settle this case for $400,000 — $275,000 for the man and $125,000 for his wife due to loss of consortium. However, the company rejected the offer at that time. The recent jury verdict in the Kroger case is said to be the highest verdict for a slip-and-fall accident in the history of the county where it was reached.
Property owners in West Virginia have a duty to ensure that their premises are safe for visitors. When they fail to do so, they may be legally responsible for any dangerous property conditions. Liability has to be established in a manner that satisfies the civil court hearing a premises liability case before claims for damages will be adjudicated.
Source: dailyreportonline.com, “Douglas County Jury Hits Kroger for $700K in Slip and Fall Trial“, Greg Land, Feb. 21, 2017