Slip and fall accidents usually happen because there is a dangerous tripping or slipping hazard on the ground, such as snow, ice, tree debris, etc. Most people wouldn’t think painted stripes in a parking lot pose a slipping hazard, but they do pose a hazard and can cause pedestrians to fall and injure themselves.
I represented a man who was seriously injured when he slipped and fell on a painted stripe in a convenience store parking lot. It was raining at the time, and the painted stripe was as slippery as ice. I did a lot of research into the type of paint used, the coefficient of friction, the effect of water on this type of paint, etc. I was convinced that it was necessary for sand or some other gritty substance to be added to the paint at the time of application in order to provide a rough, textured, safe walking surface in rainy or wet conditions.
Both the convenience store and the contractor that painted the stripes in the parking lot were named as defendants. They both defended the case by arguing that the paint was fine as applied, and that the paint simply does not get slippery when it is covered with water.
Imagine their surprise when I showed them the paint manufacturer’s product literature that stated plain as day that the paint does in fact get slippery when wet. Apparently, neither the store nor the contractor had read the warnings and consumer advisories that the paint manufacturer supplied with the paint. They didn’t have much of a defense after that.
You would think that after getting the lawsuit papers and reading the complaint, the parties would have checked the paint literature to see if, just maybe, I was right. Instead, they dug their heels in and required us to take numerous depositions, retain expert witnesses and otherwise spend a lot of time and money convincing them of something they should have known and taken care of before anyone ever fell in the parking lot.
At the end of the day, I was able to obtain a very satisfactory confidential settlement for my client’s slip and fall lawsuit.
Slip, trip and fall accidents result in serious injuries to the pedestrians. The accident may have been caused by another party’s negligence. If you were injured in a PA or NJ slip, trip and fall accident, you shouldn’t have to suffer because of another person’s negligence. To explore your legal rights, feel free to contact the personal injury lawyers at White and Williams. Dan O’Brien and his team have helped numerous slip/fall or trip/fall accident victims successfully pursue their case. Call today for a free consultation. 877.944.8396
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