In a recent case that highlights the potential severity of slip and fall accidents, a San Diego County jury awarded a staggering $7.5 million verdict to a chiropractor who suffered a traumatic brain injury after slipping and falling in a Starbucks coffee shop.
The Incident
On March 20, 2008, Anthony Zaccaglin, a 48-year-old chiropractor, entered a Starbucks in Vista, California. Unbeknownst to him, the store manager had just mopped up a spill on the tile floor. Although the manager placed a cone 4-6 feet away from the mopped area, it was not sufficient to warn customers of the potential hazard.
As Zaccaglin stepped into the area, he slipped on the wet floor and hit his head, rendering him unconscious for up to 30 seconds. This seemingly minor incident would go on to have a profound impact on his life.
The Aftermath
Following the accident, Zaccaglin experienced ongoing symptoms consistent with a mild traumatic brain injury. These symptoms included memory deficits, lapses in concentration and judgment, emotional lability, sensitivity to light and sound, and chronic fatigue.
The incident not only affected Zaccaglin’s personal life but also his professional career as a chiropractor. The cognitive and physical challenges he faced made it difficult for him to continue practicing at the same level as before the accident.
The Legal Battle
Zaccaglin and his wife, Lisa, filed a premises liability lawsuit against Starbucks Coffee Company, alleging that the company failed to maintain a safe environment for its customers. They contended that the store manager did not adequately clean the spill, clearly mark the hazardous area, or attempt to keep customers away from the wet floor.
In response, Starbucks argued that the floor was not wet or slippery and that Zaccaglin did not suffer permanent injuries as a result of the fall. The company offered a settlement of $100,000, but the Zaccaglins believed this was insufficient to cover the extensive damages they had suffered.
The Verdict
After a hard-fought legal battle, the jury sided with the Zaccaglins, awarding them a total of $7,456,231 in damages. This amount included $1 million to Lisa Zaccaglin for loss of consortium, recognizing the significant impact the accident had on their marital relationship.
The breakdown of the awarded damages was as follows:
- Past Medical Expenses: $216,759
- Future Medical Expenses: $683,717
- Past Lost Earnings: $215,199
- Future Lost Earnings: $1,123,677
The substantial award underscores the jury’s recognition of the severe and long-lasting consequences that can result from a seemingly minor slip and fall accident.
The Importance of Premises Liability
This case serves as a reminder of the duty that property owners, including businesses like Starbucks, have to ensure the safety of their premises for customers and visitors. Failure to maintain a hazard-free environment can lead to devastating accidents and substantial liability.
Slip and fall accidents can happen to anyone, anywhere, and at any time. When they occur due to the negligence of a property owner, it is crucial for victims to understand their legal rights and options for seeking compensation.
Consult with an Experienced Slip and Fall Attorney
If you or a loved one has been injured in a slip and fall accident, it is essential to consult with a knowledgeable and experienced premises liability attorney. Armine Markosyan of Markosyan Law understands the complexities of these cases and is dedicated to fighting for the rights of injury victims.
With a proven track record of success, Armine Markosyan can help you navigate the legal process, gather evidence to support your claim, and work tirelessly to secure the compensation you deserve. Don’t hesitate to reach out for a free consultation to discuss your case and learn how Markosyan Law can help you on the path to recovery.
Original source
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