We are happy to report a $150,000 settlement for our client who fell from a barstool chair on a dangerous slope! Here are the details of the injury claim and settlement.
My client visited a restaurant and sat on a barstool at the outdoor bar. While she was adjusting herself in the barstool she fell backwards and unfortunately broke her hand.
A short time after the accident she had a surgery on her hand.
The client contacted Barthelette Law to see if we could help. The client knew something was wrong with the area where she fell; she thought and felt as if she was leaning backwards when she briefly sat in the barstool.
We investigated the area and engaged a highly qualified expert to see what, if anything, might be wrong with the area.
The expert determined that the area where my client sat was steep. So steep, in fact, legally it would be deemed a ramp. Of course, the area was not intended to be a ramp, but instead a seating area. Clearly, putting barstools in an area that is steep and legally considered a ramp is a recipe for disaster – an accident waiting to happen.
Additionally, our expert noted the steep area violated both the Florida Building Code and Americans with Disabilities Act.
Here is a photograph of the area where the fall occurred. A digital measurer was used to determine slope percentages:
Using our expert’s findings, we knew the seating area to be unsafe. Indeed, the barstool should have been resting on a slope.
However, there was additional evidence and argument to support our claim.
We also argued that putting a barstool on a dangerous slope violated the barstool chair’s safety standards. More specifically, the barstool chair’s safety standards required that it be put on a flat surface. This, of course, makes common sense. Barstool chairs (and all chairs) should be placed on flat surfaces to reduce the chances of tipping or falling over.
In our research, we found numerous examples of chair manufacturers requiring chairs to be placed on smooth, flat surfaces, such as this one:
After submitting our demand with our expert’s findings, we were able to secure a $150,000 settlement.
At Barthelette Law, we have experience helping victims who sustain injuries at commercial establishments. If you or a loved one sustained an injury at a commercial establishment, do not hesitate to contact us!
Please note past results and settlements do not guarantee future results or outcomes.