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Settlement Despite Contributory Negligence


A $200,000.00 settlement was reached in a slip and fall case against an unnamed restaurant. A regular patron of the restaurant was exiting through the front doors; he took two steps onto a covered platform that led to the parking lot when he slipped on ice.

The man fell to the ground and broke both his tibia and fibula. He underwent surgery immediately for these injuries, receiving permanent hardware as a result.

The insurance company denied liability. They claimed the ice was an open and obvious danger. They also claimed that the plaintiff had been drinking at the restaurant, which contributed to his fall. Despite the claim of contributory negligence and open and obvious hazard, the restaurant settled for $200,000.00 at mediation.

Mediation can be a great tool to getting parties to sit together at a table and come to an agreement that makes both sides happy.

If you've been injured in a slip and fall accident, contact our office today for a free consultation.