A Florida CVS store’s carelessness may cause you to slip, fall and get hurt. If so, you may have a personal injury case. Below are some settlements and verdicts against CVS.
I try to concentrate on the amount awarded for the pain and suffering component of the claim. There are many CVS stores in Florida. I am surprised that I could not find more verdicts for injury cases against a Florida CVS pharmacy store.
Surprisingly there are only a handful. I believe that there are few reported settlements or verdicts against CVS in Florida because:
- CVS is relatively new to Florida.
- Perhaps CVS settles cases and uses a confidentiality agreement so that the injured shopper cannot discuss the settlement.
Past CVS Injury Verdicts
Actual Case: $435,000 Verdict (Not My Case) for a man who allegedly tripped and fell on an electrical cord in CVS store in Lake Worth (Palm Beach County), Florida. He ruptured (herniated) his intervertebral disc in his lower back (L4-L5).
This fall aggravated a pre-existing condition at L5-S1 which resulted in pain. The Plaintiff is no longer able to exercise like he could in the past. He can perform regular activities, but he cannot work like he used to.
He apparently used to fly a small plane and cannot do so anymore without back pain. He has daily back pain that requires medication. He may require a 2-level spine fusion. I believe that he had nucleoplasty surgery as a result of this fall.
He sued CVS Pharmacy alleging that CVS failed to put a warning sign near the electrical cord so that customers knew that a store employee was vacuuming near the area.
I believe that the store had an unwritten (verbal) policy that caution signs should be placed in front of electrical outlets when an employee was vacuuming.
The employee who was vacuuming was doing the nightly vacuum. The employee allegedly turned the vacuum off and put it against an aisle before the fall.
The defense attorney for CVS argued that it was so obvious that the shopper should have seen the cord. He had physical therapy and chiropractic treatment for 6 weeks after the accident.
He later had surgery and had physical therapy for 5 weeks after the surgery. He was a radiator technician.
The accident happened in November 2005. The jury found the shopper 13% at fault and CVS 87% liable for the accident. The award was reduced to $435,000. The case is Flemke v. CVS Pharmacy and the verdict was in 2007.
My thoughts: I don’t know how much money was awarded for pain and suffering. Therefore, I do not know whether it was within the normal settlement range for surgery on a herniated disc.
I have said before that starting point for pain and suffering for settlement purposes of a single level herniation without surgery is $25,000 to $50,000 in Florida. But, it ultimately depends on the resultant disability.
Because this verdict did not itemize the pain and suffering element, I cannot use this verdict in the future to help me determine the settlement value of a back injury in Florida.
This verdict his case shows that you may be entitled to money if you trip and fall over and vacuum cord or other cord while shopping in a store. This case also shows that you may be able to get money if you aggravate (worsen) a prior injury.
This case also shows that even if a store does not have a written policy in place, if a store has an unwritten (verbal) policy that may help proving negligence (fault).
This case also shows that you are may be able to get money in Florida if you are partially at fault in an accident. Some other states do not let you get money if you are even 1% at fault for causing the accident.
The verdict was reduced to $435,000 by multiplying the verdict ($500,000) x (87% of fault on CVS). A Florida CVS’ carelessness may cause many different types of slip and fall accidents. A loose electrical cord on the sales floor is just one example.
Where can I find slip and fall injury articles on CVS’ competitors in Florida?
I have written several articles on slip and fall injury claims at CVS’s competitor stores in Florida.
- Slip and fall injury claims against a FloridaWalgreens
- Slip and fall injury claims against a Florida Publix
- Slip and fall injury claims against a Florida Winn Dixie store
- Slip and fall injury claims against a Florida supermarket
- Slip and fall injury claims against a Florida Target store
CVS owns Navarro Discount Pharmacy.
Does CVS have the money to pay any Florida injury claim?
Yes. CVS is worth over $115 Billion dollars. They can afford to pay any Florida accident claim, including a catastrophic injury.
Did CVS’ carelessness cause your injury in Florida?
See Our Settlements
Check out some of the many Florida injury cases that we have settled, including but not limited to slip or trip and falls, drunk driving (DUI) accidents, cruise ship accidents, wrongful death and much more.
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Editor’s Note: This post was originally published in 2013 and has been completely revamped and updated.