$400,000 Settlement for Sidewalk Trip and Fall in Dana Point, CA
| Managing Partner Samer Habbas, of the Law Offices of Samer Habbas & Associates secured a $400,000.00 settlement for a trip and fall incident at a private establishment in Dana Point, CA. Our client was walking with her son when she unexpectedly tripped over an object sticking out of the sidewalk. It was then discovered that there was a bench bolt sticking out of the ground.The fall immediately caused serious injuries to our client. She was diagnosed with a fractured wrist that would require surgery. The client retained our services to represent her for damages she sustained.
Immediately, we filed a lawsuit for premises liability to identify the at fault parties for the harms caused to our client. It was determined that sometime prior to the date of the incident that a private company had been contracted to remove a bench. When it did so, the company failed to remove the connecting bench bolts. This allowed the bolt to stick out of the ground and pose a tripping hazard to those walking by it. Throughout the course of litigation, it was determined that there were multiple actors: the property owner, the property management company, the bench removal company, and the security company. As each tried to absolve themselves from liability, they pointed the finger at each other. To establish who is liable and the amount of damages, the parties agreed to have the matter mediated by a private mediator. The first mediation was unsuccessful but lasted a total of 11 hours. At the conclusion of that mediation, we had all four parties convinced that a jury would find each of them culpable for our client’s damages. We could have accepted their final take it or leave it offer but felt confident that we can beat that offer at trial. Soon thereafter, all parties agreed to a second mediation session where the case would settle for a combined $400,000.00. |
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