An Unexpected Fall Off A Handicap Ramp

Slip and Fall

Mary spent her life helping others. At 86 years of age, she continued to drive her friends around so they could visit various parts of the United States that they would otherwise not get to visit. Weekly, Mary would go to a local bingo hall to enjoy playing bingo with her friends. She knew everyone there. They knew her very well. You will enjoy Mary’s story and you would’ve loved Mary because she was one of the coolest people I’ve ever met.

Mary was leaving the Bingo Hall one evening and fell off the exit ramp at the back of the building that goes to the parking lot where she had parked her car. Mary broke her hip. Although several Bingo Hall volunteers were in the parking lot, no one said they saw her fall.

MARY UNDERWENT MONTHS OF TREATMENT

Mary was taken by EMS to the hospital. She had surgery to repair her broken hip. She underwent months of physical therapy. First in a rehabilitation center, then ongoing therapy once she was discharged. Mary used a walker for some time. She had some pain in her hip area until she passed away several years later. Her greatest injury, however, was that she could no longer take her friends on their trips.

THE BINGO HALL BLAMED MARY, SO HER FAMILY HAD HER CALL US

Although Mary was upset that the Bingo Hall blamed her for her fall and her injuries, that’s not why she came to see us. She came to see us because she simply wanted the Bingo Hall to fix the ramp so that no one else would get hurt. We listened to Mary’s story and it didn’t sound like she could’ve possibly been at fault.

OUR INVESTIGATION CUT THROUGH THEIR DEFENSES

Mary’s story was that as she walked out the back door, she slipped off the exit ramp because it sharply angled down from the center to the edge and the ramp was broken where she slipped. As an important aside, a very smart friend of hers took pictures of the exit ramp. Taking pictures, when you can, is always a good idea.

The Bingo Hall stated that they warned people not to go out the back door. Mary did not deny this. But the Bingo Hall volunteers went further with their claims. One volunteer said, “I saw her there”, claiming that he saw Mary fall in the parking lot.

During our investigation, we noticed that the EMS report was different. It stated that Mary was found leaning up against the building exactly where she said she was. A couple of her friends corroborated this. In addition, we had an expert to investigate the ramp to see if it met with the building code. It did not. We asked him if the exit ramp, as built, presented a trip hazard. It did. We presented this information to those hired to defend the Bingo Hall. They had two defenses: First, Mary was more at fault than the Bingo Hall. Secondly, even if the Bingo Hall was more at fault, because it was a non-profit, the amount it would have to pay was limited by law.

NO ONE LISTENED UNTIL WE SUED THEM

Mary did not want to file a lawsuit, but because they blamed Mary, we had no choice. After filing the lawsuit, the Bingo Hall told our 86-year-old client to never come back. Wow!

During our lawsuit we pointed out that the ramp did not meet the building code and was a hazard, for the following reasons: (1) there was no railing and it was required (2) the ramp was too steep (3) the ramp was broken in places because the material used was not meant for a ramp [We submitted pictures of this to the defense], and (4) We took the deposition of the manager of the Bingo Hall. He continually played games, avoided answering questions, and still blamed our client. I loved it because I knew a jury would hate him. His lawyer knew that to be true to.

FORCED TO GO AS FAR AS MEDIATION

At mediation, the Bingo Hall offered Mary $25,000. We packed our bags to leave and proceed to trial. The mediator encouraged us to stay, but we only agreed if the Bingo Hall would make a new and much improved offer. Because we had done our homework, we eventually walked away with a substantial six-figure settlement. Mary couldn’t believe that an 86-year-old who wouldn’t go away could bring the Bingo Hall to this point and get them to fix the ramp. Her comment to me as her case settled was “it was kind of fun to have something to do since they wouldn’t let me play bingo anymore.” Good for Mary, and because of her, good for all.

HAVE YOU BEEN INJURED IN A SLIP AND FALL?

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