Resolution of a Slip-and-Fall Claim in Northern California

April 18, 2012 by Gregory J. Brod

As a Sacramento personal injury law firm, The Brod Firm is proud to assist our fellow Northern Californians when they suffer harm due to someone else’s negligence or wrongful acts. We are experienced in representing clients injured in a slip and fall accident in Sacramento or another area community.

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The Sacramento Bee reported this week on the possible resolution to litigation relating to a local child who was injured in a fall at an area store. According to the complaint filed on his behalf, Matthew Provins was eight years old when he fell at a Lowe’s home improvement store near his Florin-area home. The complaint filed by his father, Brent Provins, alleges that the boy fractured his right leg when he slipped on a wet floor in the store’s garden area. The suit claimed that Lowe’s was negligent in the failing to either dry floor, warn customers of the potential danger, or put other safeguards like a mat in the area.

Lowe’s had also filed a third-party complaint against Brent Provins. They asserted that the father was negligent in failing to more closely supervise his son, noting that the father’s attention was diverted by the one year old daughter who was also with them at the store. Lowe’s suggested the father should have been more closely monitoring his son because the boy had a history of fractures and a congenital health condition, arthrogryposis, that is known to lead to cause muscle weakness and joint problems. Lowe’s suggested the failure to closely supervise the child was a substantial contributing factor to the injury.

The Bee’s report indicates that the parties have reached a settlement regarding the claims and that Lowe’s has agreed to pay $50,000 in order to resolve the injury claim. This amount includes $7,500 in payments for the child’s treatment at UC Davis Medical Center, $15,447.44 in attorney’s fees and costs incurred by the family, and $27,447.56 that will be held in annuity and paid to the boy pursuant to a schedule to begin after he reaches his eighteenth birthday.

Additional details of the settlement have been sealed from public view, purportedly to protect the best interests of the child. The settlement, including the confidentiality provisions, must be approved by the judge. Settlements in civil claims do not typically require judicial review but the court must approve an agreement that compromise’s claims on behalf of a minor.

As a slip-and-fall law firm for Sacramento and all of Northern California, The Brod Law Firm understands California premises liability law. We can help you understand how the law will apply to your claim and how different contributing factors will be considered when the court determines fault. From the time you meet with our team for a free consultation to the time your claim is resolve, we will work to ensure rights are protected and you receive all the compensation the law allows. We take most personal injury claims on a contingency basis so you only owe attorney’s fees if you receive damages for your injuries.

See Related Blog Posts:
Legal Perspective on Property-Related Accidents
California Building Code Requirements that Keep Stairways Safe