Highest Slip and Fall Settlement Amounts

Florida slip and fall settlements amounts can differ immensely, as I described above, depending on the degree of responsibility (fault) of whoever owns the house, the seriousness of the injury to my client, and (sometimes) whether my client has health insurance, but here is a small sample of settlement sums from published cases, just to give you an idea (note that Florida slip and fall settlements on spilled liquids before July 2010 may have a lower value today because of adverse changes in the Florida slip and fall settlements law)

1. Lee v. Defendant Cruise Line. Settled in August of 2011 for $75,000 before trial. When he slipped and fell while boarding the cruise ship, the plaintiff injured his left quadricep muscle. The plaintiff argued that the gangplank was too steep, while the cruise line argued that the plaintiff failed to use care (note: in nearly all slip and fall cases, defendants make this point, and this probability reduces the worth of these cases by the plaintiff’s percentage fault in not watching his step). This was a non-surgical case where a “big muscle ball” in his leg was left to the plaintiff. Notice that permanent injury raises the value of these cases, however, generally speaking, non-surgical cases are less important than surgical cases and all other factors are equivalent.
2. A.W. v. SweetBay Co (Kash and Karry). Settled for $8500 (accident occurred in 2007) until trial in February 2012. Injuries and care were not specified, but permanent injuries were claimed by the complainant. This case involved a 10-year-old who stumbled into a Kash and Karry grocery store on a wet board. The breakdown of the payment was, on an interesting note,: $1,300.00 to medical bill claimants, $270.66 to lien claimants, $3,400.00 for solicitor fees, and $2,315.29 for solicitor expenses. Wet floor Florida slip and fall settlements are notoriously difficult to prove (effectively decreasing the settlement value of the plaintiff), and my guess is that, considering the low cost of her medical costs, this minor was also not seriously injured at all. If the $1300 charged to the plaintiff was for potential or past medical care is uncertain, because it is not known precisely how much cash the plaintiff recovered on a net basis..
3. Garcia v. Defendant Condominium. Settled for $185,000 before trial in April, 2010. The plaintiff was visiting his mother at her condominium when he slipped and fell, walking up external stairs with mold formation. As well as two lumbar disc bulges, he suffered a shoulder labrum tear requiring arthroscopic surgery (shoulder surgery). This surgical case settled for a higher amount than the non-surgical case above, as you can see. Due to the mold growth on stairs, which is very important in any Florida slip and fall settlements, there also seemed to be strong evidence of negligence (on the part of the complex), but note that the lawyer would have received his payout (typically 40 percent of the recovery) and this fee would have been reimbursed for the operation and all medical care.. For his pain and distress, the remainder of the settlement would have gone to the plaintiff.
4. Jane Doe v. XYZ Corp (confidential settlement). On Aug. 6, 2008, an accident occurred. Settled in June of 2011 for $150,000 before trial. The plaintiff slipped and fell on an unseen liquid substance on the floor while going to the toilet in a restaurant. The counsel of the defendant argued that the restaurant went to great lengths to keep the floors very shiny, and had no floor inspection policies or procedures. At least 7 previous slip and fall injuries have also occurred (which may raise the degree of blame of the restaurant). The 36-year-old claimant was diagnosed with a fracture of the patella and needed knee surgery to repair the fracture. (In July 2010, Remember Florida passed a less plaintiff-friendly slip and fall law, so today, based on information about the liquid itself, this same case may have a much lower value).
5. Pierre-Louis v. Florida Supermarkets, Inc. Defense Verdict. Nil Plaintiff Recovery. Slip and fall on the bottle cap in the supermarket grocery store. The plaintiff suffered injuries to soft tissue that needed chiropractic care. The defendant argued that they had no bottle cap warning, and hourly floor checks were included in the store policy. The accused also alleged that the complainant was responsible for not watching where he was going. Given the lack of serious care, I’m shocked that this one went to trial, but defense verdicts are still a problem in Florida slip and fall settlements, because the slip and fall law of Florida does not automatically blame the institution (and can put some blame on the complainant for not watching where he is going). This is one of the greatest reasons why most cases of slip and fall resolve before trial.
6. Gauthier v. Pine Ridge South III Condominium Association. Plaintiff verdict for $168,742 in May of 1998. While walking on what she believed was a slippery painted and stained pool deck at her apartment condominium, the plaintiff slipped and fell. One previous fall had occurred on the same pool floor. The plaintiff argued that the defendant should have painted the area with non-skid paint, especially because, based on the previous fall, they had notice of the hazardous situation. The plaintiff was a 64-year-old woman who sustained a rotator cuff tear of full thickness that forced her right shoulder to undergo reconstructive surgery. The jury found the defendant 100% liable for her fall. Remember that there was good proof of a previous fall, which provided the jury with a basis to believe that the unsafe situation was known to the complex.
7. Leila Fox v. Winn-Dixie Stores. Settlement for an unknown amount, but defense filed something called a “proposal of settlement” in court before the case settled for $7500. My expectation would be that the actual deal would not have been any higher, because the deal proposal gives us a good view of the estimation of the case value by the defendant. The Plaintiff slipped and fell on a brown liquid substance in the soda and drink aisle of a Bradenton Winn-Dixie store in June of 2011 (after the passage of Florida’s less demanding beneficial slip and fall statute). The reporter did not realize the extent of her injuries. I’d say she had soft tissue injuries, if I had to guess, and the case settled for somewhere near 10K.

Andrea Thompson v. Diocese of Palm Beach Inc. $2,500,000 Plaintiff Verdict.The 39-year-old plaintiff fell and crushed her knee in 2009 while walking on the outside sidewalk of a church in Boca Raton. Four knee operations were conducted on the plaintiff and her doctor testified that in the future she would require at least two complete knee replacements. The church was sued by the complainant, the general contractor who designed the church, and the subcontractor who designed the sidewalk. For an undisclosed number, the subcontractor settled before trial. The other defendants were promising to settle for up to 500K. Ultimately, the defendants conceded responsibility and went to trial for damages only. In my opinion, the high verdict was the product of the ‘perfect storm’ in favor of the plaintiff in her court case, including: (1) favorable jurisdiction for plaintiffs in South Florida, (2) 4 surgeries and at least two additional surgeries needed in the future (remember that the cost of those surgeries will be deducted from the award) (3) an acknowledgment of blame on the part of the defendants, which means that the sidewalk was very badly built and thus not defensible.