Chicago Personal Injury Lawyer Blog

Posted On: March 10, 2012

Illinois slip and fall lawyers reach $85,000 settlement

Chicago premises liability attorneys recently reached a good settlement for a client in a tough case.

The incident occurred at a local health club where the plaintiff was playing basketball with friends. He was not a member of the club and was not officially allowed in as a guest. He entered the club with another member without having to sign in and he was not required to sign any waiver before entering the club.

The defendant health club owner owned, occupied and controlled the fitness facility, and therefore had a duty of care to operate and maintain the club in a reasonably safe manner under the circumstances.

While they were playing basketball, someone reported to one of Defendants’ employees that there was water on the basketball court, and that someone should clean it up. However, none of Defendants’ employees responded to this notice by cleaning the basketball floor and the plaintiff was unaware of the condition. Subsequently, our client slipped on the water and fell, fracturing his left leg.

The defendant health club denied that they and/or their employees were notified that there was water on the court.

While waiting for the ambulance to arrive, someone that the plaintiff was playing basketball with was pressured by the health club manager on duty into signing a guest profile with our client's name on it.

The defendants had policies requiring non-members to be screened & forms before entering facility, and further requiring that employees walk non-members through the facility and explain the rules, including a rule that states that non-members are not allowed on the basketball court. None of the policies were followed when dealing with the plaintiff in this case.

Defendants’ policies also require that employees perform a walk-through of the facility at the beginning of every shift, and recommend that employees perform a walk-through every hour. Once again, Defendants violated this policy by failing to monitor the facility’s basketball floor for wetness and other risk hazards, as well as by failing to make towels and other water removal supplies readily available. Moreover, in spite of being notified that there was water on the basketball court floor, Defendants failed to respond.

At the time of the injury, our client experienced excruciating pain in his left leg. He was transported from Defendants’ facility to Northwestern Memorial Hospital by ambulance. The paramedics found him lying prone on the floor of the basketball court with visual deformity to his left leg and hip. They noted that his breathing was labored, that his injury was painful and distracting, and that he complained of numbness to his arms, fingers, and face.

At the hospital the plaintiff was hospitalized overnight. He presented with left thigh pain, noticeable deformity of the left femur, and tingling in his fingers. An x-ray of his left femur showed a fracture of the middle third of the femur.

Approximately one month after discharge, the client followed up with a medical doctor, who noted atrophy over the quadriceps. The physician prescribed physical therapy treatment. He had a second follow-up visit with the doctor a few months later. On that visit, the physican noted that ht eplaintiff was back on his crutches and was still experiencing pain and swelling. He prescribed additional physical therapy treatment. The plaintiff received extensive physical therapy treatment, posture re-education, and other treatment at Saint Mary and Elizabeth Medical Center for approximately two months.

Our client also treated with a doctor at Winfield Moody Health Center. That treater performed several tests and regulated the client's medication.

The plaintiff continued to experience some discomfort due to his injuries for many months. Future medical issues and treatment may occur.

Prior to filing a lawsuit the defendants refused to make a settlement offer. After a period of litigation in the Circuit Court of Cook County, the parties agreed to participate in a mediation in front of a retired judge. The parties reached a settlement during this process.

If you have been hurt in a Chicago trip & fall incident, contact the premises liability lawyers at Abels and Annes today for a free consultation. Remember, there is no attorneys fee unless we recover for you. Call 312-475-9596.

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