Publix Super Markets’ carelessness may cause you to slip, fall and hurt your hand. If so, you may have a case.
This article focuses on hand injury claims against Publix for slip and fall accidents.
Let’s look at some actual cases where a customer claimed that a Florida Publix’s negligence caused them to slip, fall and hurt their hand or wrist.
Court Dismisses Slip and Fall Hand Injury Case against Publix
This is not my case. However, I have settled fall down cases with Publix.
Allana Arnovitz sued Publix Supermarkets, Inc. in Palm Beach County, Florida in 2011. The court granted Publix summary judgment on July 17, 2013.
This means that the court permanently dismissed the case. A Boynton Beach, Florida lawyer represented the injured shopper.
A West Palm Beach, Florida attorney represented Publix Supermarkets. The customer claimed personal injuries that included torn ligaments in her hand.
She claimed an avulsion fracture. An avulsion fracture is a bone fracture, which occurs when a fragment of bone tears away from the main mass of bone because of physical trauma.
Facts
On July 3, 2008, Allana Arnovitz was a customer at Publix Supermarket in West Palm Beach, FL. She alleged that she slipped and fell on a dangerous condition.
She claimed that the hazard was spilled dirt in the floral section. She claimed that she suffered injuries to her hand.
Publix says it didn’t know that there was something on the floor
Publix argued that it had no notice as to the spilled dirt. Publix also argued that she had no evidence of negligence.
Tip: If you slip and fall on spilled dirt or another substance at a Florida Publix, you now have to prove that Publix had notice of this before the fall. Notice can be actual or constructive.
Publix’s defense lawyer allegedly said that the injured lady:
- Claimed several injuries from this slip and fall.
- Never made a formal demand.
This means that Publix claimed that the injured woman never offered to settle the case for a specific amount of money.
Tip: In almost every case, you should make a demand to Publix before suing them.
Your attorney’s fees go up if you see Publix
When you sue them, your attorney’s fee will increase to 40% of the total recovery. Costs increase as well. Before suing Publix, your attorney’s fee is 33 and 1/3% of the total settlement.
Once you sue Publix, you add another person to the claim. That person is Publix’s defense attorney. Defense attorneys typically make money by billing by the hour.
The more hours they bill, the more money they make. If you sue, Publix has the right to subpoena virtually every medical record for your entire life. They may leave no stone unturned.
Publix decides how much to offer
The claims adjuster ultimately decides how much to offer you. The defense attorney gives the adjuster his opinion as to the claim’s value.
Often times, it is easier to deal with the adjuster. The adjuster “writes the check.”
Publix allegedly never made an offer due to their liability defenses. Publix may have denied the claim even if the shopper made a formal demand.
Publix Wins Case Where Lady Slipped and Hurt Her Wrist
This is not my case. In 2008, Ms. Gillings was shopping at Publix. She claimed that she suffered a wrist tear of the triangular fibrocartilage and widening of the scapholunate.
She claimed that she had a permanent injury. She also claimed a left knee contusion, right knee bone bruise and ankle sprain.
She claimed that these injuries were caused when she slipped and fell on a slippery substance on the sales floor at a Miami Publix. She alleged that Publix negligently failed to maintain a safe store.
She claimed that Publix had knowledge of the dangerous condition. She claimed that Publix failed to put barriers in place to prevent customers from walking on the slippery substance.
Publix denied liability. Publix denied that it knew of a slippery substance on the floor. Publix argued against the degree of the shopper’s injuries.
In 2013, a jury found that Publix’s negligence wasn’t the cause of the shopper’s injury. Publix won the case.
The case is Gillings v. Publix Supermarket.
I am a Miami slip and fall lawyer serving all of Florida
I am a Miami slip and fall lawyer that represents people with hand injuries against Publix in Florida. I also represent people who have all types of injuries that Publix or someone else has caused.
Want to learn more about Publix injury claims in Florida?
Check out these 10 must see Publix accident claim articles:
- Slip and falls at Florida Publix Supermarkets
- Trip and falls at Florida Publix Supermarkets
- Publix Supermarket Injury Claims for Florida Accidents
- Publix Supermarket Shoulder Injury Claims from Slip and Falls in Florida
- $31,000 Verdict : Slip and Fall at Publix Resulted in Back Surgery
- Herniated Disc Slip and Fall Claims with Publix Supermarket in Florida
- $96,000 Verdict : Hip Fracture from Trip and Fall at Publix in Miami, Florida
- Slip and Fall on an Old Banana at Publix in Florida Claim
- Florida Court Dismissed Slip and Fall near Deli Counter at Florida Publix
- Shopper’s Trip and Fall on Stock Cart at Florida Publix Allowed to Go to Trial
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