Personal Injury Blog

Wal-Mart Slip and Fall Accident Victim Awarded $15 Million in Damages

November 25th, 2011
Wal-Mart accident

Holly slipped and fell on a combination of ice and grease outside the store

A jury in Colorado has awarded $15 million dollars in damages to a truck driver who suffered serious spinal injuries in a slip and fall Wal-Mart accident just outside the store.  The woman, a contract truck driver was making a delivery to the store during the accident.

On December 13, 2007, the forty-one-year-old driver Holly Averyt was making a delivery of food to a Wal-Mart store in Colorado, when she slipped and fell on a combination of ice and grease outside the store.  The fall left her with serious spinal injuries, and she had to undergo multiple surgeries.  The injury left her disabled, and she had to quit her job as a truck driver.

According to Averyt, the ramp that she was walking on to the store’s loading dock was covered with grease and used cooking oil.  None of this was visible to her.  She tried to report the fall to a Wal-Mart employee, but he refused to take a report.  Wal-Mart tried to deny that the woman had suffered a slip and fall accident at the store.  The company, not surprisingly, also tried to deny that there was any kind of grease spilled on the ramp.

However, her lawyers were able to show that city officials had been aware of a complaint of grease coming out of a manhole close to the Wal-Mart building.  In fact, city officials had investigated the problem, and found a blockage in the store’s grease interceptors.  Wal-Mart employees confirmed that the problem had been evident for a while.  A few days after the incident, city inspectors returned to the Wal-Mart building, and found staff working on fixing the grease interceptors.

Now, a jury in Weld County has awarded $15 million to Averyt.  The jury awarded her $5.5 million in noneconomic losses and $4.5 million in economic damages.  She was also awarded $5 million for her physical impairment.  Wal-Mart is likely to appeal the verdict.

Commercial or residential premises owners are required to make sure that their property is safe for tenants, consumers and visitors to use.  Premises may be unsafe to use because of slippery flooring.  A property may be unsafe because of missing or defective guardrails, broken stairs or lack of illumination.  Houses may not be safe if there is a dog on the premises that visitors are unaware of.

Commercial premises must also be secured from crime and violence.  If a property owner fails to keep a property safe and secure, a San Diego slip and fall accident lawyer can hold the owner liable for any injury caused by the unsafe premises.

 

 

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