On August 5, 2010, Amelia Yunker claimed to be a patron at a hair salon leased from Ramos Enterprises, Inc. when hard clay or a rock fell from a hole in the ceiling and struck her.
Tip: Most hair salons rent space. The property owner may also be liable if its negligence caused your injury.
Yunker allegedly sustained injuries to her head and neck as a result of the incident.
Patron Sues Property Owner
Yunker sued against Ramos Enterprises, Inc. She claimed that Ramos was negligent in:
- failing to exercise reasonable care for the safety of its customers
- failing to reasonably inspect, maintain and operate the shopping center
- failing to maintain adequate control of the premises, and
- failing to maintain and repair the roof
She sued in Orange County, Florida. I assume that the accident happened there. This is because you generally sue in the county where the accident occurs.
She sought compensation for her:
- Permanent or continuing personal injuries
- Medical expenses
- Past Lost Income
- Future lost income reduced to present value
- Scarring
- Mental anguish
- Aggravation of a previously existing condition.
Shopping Center Owner Denies Liability and Causation
The mall owner denied liability. It argued that the patron’s claimed injuries were unrelated to the incident.
Shopping Center Wins Case
The jury ruled in favor of the shopping mall owner.
Orlando, Florida lawyers represented the patron. A Maitland, Florida attorney of the Law Offices of Sanabria Llorente represented the shopping mall owner.
The verdict date was August 20, 2015. This isn’t my case. However, I settled injury cases involving falling objects.
Sanabria is currently an attorney for Farmers Insurance.
Fast fact: I settled a wrist fracture fall down lawsuit for $210,000 where Sanabria, the named partner of the defense firm in this case, was one of the defense lawyers. At that time, she worked for Travelers Insurance.
Medical Payments (“Medpay”) Coverage
If the shopping center owner or hair salon had an insurance policy with medical payments (“Medpay”), it pays for a patron’s medical bills. Medpay pays up to a certain limit regardless of fault.
You still have to prove that the accident caused your injuries.
Tip: You have a limited time to send your medical bills and records to an adjuster in order to qualify for Medpay coverage. Otherwise, they will argue that you missed the deadline. This deadline is listed in the businesses’ insurance policy.
Some businesses have up to $20,000 in Medpay coverage. Personal injury lawyers don’t take a fee on any Medpay recovery unless they have to sue to get it.
Tip: You can find out the Medpay limit by sending a written request to the shopping mall or hair salon, which asks them to disclose certain insurance information.
I don’t know if the customer reached a settlement with the hair salon (or its insurer).
Bottom Line
This case doesn’t tell us much other than:
1. A shopping center owner is not automatically liable for your accident.
You aren’t guaranteed to win your case against a shopping center just because an object fell from a hole in the ceiling and hit you. You have to prove that the owner’s carelessness caused your injury.
2. Some shopping centers will take a case to trial.
Some shopping malls or their insurers will take a case to trial if a settlement can’t be reached. However, most cases do settle before trial.
Every case has a fair settlement value. If both sides agree upon the fair value, the case should settle before trial.
Learn more about:
- personal injury claims against hair salons, day spas and other salons in Florida.
- personal injury claims against shopping centers and malls in Florida.
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