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Premises Liability Accident Settlement Achieved For Montlick Client

August 18, 2010

A client of Montlick & Associates, Attorneys at Law, visited a Shell service station to purchase some coffee. The door on her right would not open so she entered the establishment through the left door. As she entered the establishment, she made eye contact with the clerk and that is when she tripped over two 24-packs of Sprite that were left in front of the door. She suffered a serious knee injury. She had to undergo a 4-hour surgery to place a cadaver bone in her tibia and had 17 screws inserted into her leg.

Our client needed an attorney to represent her because the store owner and its insurance company disputed liability. She retained Montlick & Associates, Attorneys at Law, also to make sure that she received the compensation she deserved.

Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. See O.C.G.A 51-3-1. The store failed to keep the approach clear which caused her to fall.

Our client suffered and was in severe pain for many months. She had surgery, physical therapy, was severely depressed and saw a psychologist for mental aggravation. She may also need knee replacement surgery in the future.

One of our Atlanta personal injury attorneys went to the incident scene and took photos. We also contacted an EMT, who was a customer in the store at the time of the incident, and he completed a witness statement. We then obtained narratives and reports from several doctors along with a permanent impairment rating. We negotiated with the insurance company for several months. In the end the case went to mediation, which is a form of alternate dispute resolution. During the mediation, the case was settled for $400,000.

Category: Montlick Law

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All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.