A woman was shopping for plants on a steamy summer afternoon in Las Vegas three years ago when she slipped and fell on a puddle of water. Upon falling, she smacked her head on the concrete floor of the outdoor facility.
She suffered serious injuries, including a fractured skull and traumatic brain injury. She is no longer able to smell or taste. For the rest of her life, these are pleasures the mother-of-three will no longer derive.
Now, she is seeking compensatory and punitive damages from the store, arguing her slip-and-fall injury was foreseeable and preventable and the store owed a duty to make the site safe for customers. In order to succeed in a claim for punitive damages, one needs to show not only was defendant negligent, but that defendant was grossly negligent or displayed wanton or reckless disregard for the safety and well-being of others. Here, plaintiffs argue this is proven based on the fact there were 33 prior incidents at other stores within the chain in which people slipped and fell in the outdoor garden sales area. Continue reading ›