We are excited to report a $362,500 settlement for an employee’s directing our client to step over a dangerous curb!

Here are the facts of the case.

Our client is 69 years old and a grandmother to 5 beautiful grandchildren.

In early 2024, she brought her vehicle to an establishment for an oil change. Notably, this was the first time she had been to this establishment and so she was unfamiliar with her surroundings.

As she pulled near one of the two bays, she stopped and exited her car. She was met by a employee who told her to leave her car parked outside the bay, which had a chain covering it. My client’s car was parked immediately next to a curb which was to the left of the driver’s side of her vehicle.

Before my client spoke, the employee directed her “to step over the curb onto the sidewalk.” Following the employee’s directive, my client began moving her right foot towards the curb. At the same time, the employee told her how much it would cost for the work to her car. My client then looked at the employee while at the same time putting her left leg over the curb expecting a sidewalk (because of the height of the curb she could not see the drop below). Unfortunately, there was no sidewalk. Instead, there was an approximate two-foot drop with no sidewalk present.

Because of the large drop, my client landed on her left leg, lost her balance, and fell down. She was in immediate pain and could feel a sharp, intense pain in her left side. In her head, she knew it was serious. A woman helped my client. A different employee then came outside and said, “I’ve been telling them to extend it [the sidewalk].” Paramedics were called to the scene and took my client to the emergency room.

Clearly, the employee’s directive to step over the curb onto the sidewalk was dangerous. First, there was an approximate two-foot drop. There was no sidewalk present, but a parking spot. The employee did not tell my client there was a large drop, to watch her step, etc. (this was (and is) especially dangerous for the elderly who are particularly susceptible to injuries from falls). Second, the employee should never have directed my client to step over any portion of the curb. Rather, the employee should have directed my client to walk directly to the sidewalk, thereby avoiding the curb altogether.

As the result of her fall, my client sustained a subcapital neck fracture. Here’s what it looks like:

Our client had a difficult recovery, but she is tough and recovered well.

Thereafter, we began our research and investigation.

Under Florida law, landowners owe a duty of care to invitees. This includes warning of obvious conditions and extends to reducing or minimizing foreseeable risks. Etheredge v. Disney World Co., 999 So. 2d 669 (Fla. 5th DCA 2009). “Further, when a store employee instructs an invitee to encounter a dangerous condition on the premises and the invitee is injured by that dangerous condition, a jury may appropriately conclude that the invitee’s injury was foreseeable.” Ames v. Lowe’s Home Owners, LLC, 3:20-cv-335-CHB (W.D. Ky. Sept. 8, 2021).

We argued that the establishment’s employee directed my client to step off the curb onto the sidewalk. However, there was no sidewalk but an approximate 2-foot drop onto a parking space. Additionally, we argued that the employee undertook a duty of care to direct my client to the establishment’s waiting area. Unfortunately, he was negligent in doing so when, among other things, he: (1) directed her to step over a dangerous curb; (2) failed to warn of the large drop; (3) failed to assist her with the curb; and, (4) failed to direct her to use a safe means of egress (e.g., walk around the curb to the sidewalk). What is more, the establishment was negligent in failing to have the appropriate steps and railings in the area where my client fell. Indeed, customers should not have had to step over the curb; instead; they should have had access to stairs and railings so they could safely descend the steep drop.

Further, we pointed out that shortly after my client’s fall another employee stated, “I’ve been telling them to extend it [the sidewalk].” Clearly, the employee knew this was a dangerous area, as evidenced by his blunt comment.

Ultimately, we resolved my client’s injury claim for $362,500!

Our client was thrilled with the recovery, as it brought financial stability from a traumatic incident. What is more, it brought closure and allowed her to focus on the positive things ahead in her life.

At Barthelette Law, it is our privilege to help injury victims. If you were hurt due to someone else’s negligence call us today!

Please note prior settlement results are no guarantee of future outcomes.