CASE STUDY: Confidential Slip and Fall Settlement

Looking back and understanding the success and failures of past cases is necessary for an attorney to
learn from his craft and better prepare for his next feat in the court room. This post will be the first of a Case Study
series where I will seek to highlight some of the most important cases I’ve fought for to reflect on the priceless
insights I have learned from these cases.

My hope is that by reflecting on these essential cases from my legal portfolio will allow readers to gain insights into
best practices they can use if they ever find themselves in a similar situation to my clients.

Overview:

Slip and falls are one of the most common forms of personal injury. These cases, like any other, demand an attentive and determined legal counsel to get the best reward for their client. My client Shawn’s story demonstrates how the extra mile is always needed from legal counsel, as well as, some important insights into how someone could better help their legal team prepare for a personal injury defense.

Facts of the Case:

Shawn had been shopping in a supermarket with his baby in a stroller when a slip and fall changed his life. While going
down the produce aisle, he slipped and fell on a piece of lettuce that had been left on the floor. This slip and fall
left Shawn with injuries to his shoulder, neck, and back that required surgery and pain medication.

Shawn was smart and reported his fall immediately after it happened to the store. This report proved pivotal to our
defense and eventual success with the case.
During the proceedings, the supermarket tried its best to avoid accepting responsibility for the fall, however, Shawn’s
reporting of the fall preserved much of the essential evidence needed to secure our victory.

Shawn’s report allowed me to motion to obtain video evidence which showed negligence on the part of the store and
ultimately lead to the court’s decision.

Lessons from the Law:

The key take-away from this case is to always report an incident when injured at a business. By reporting his injury, the
evidence from Shawn’s fall was cataloged which allowed our defense to succeed. As in this case, internal reports and
video evidence prevent companies from changing their story later. I was able to use that evidence to show store
employees were at-fault and changed their story in their depositions.

Fighting hard to get evidence was just one element to this premises liability case’s victory. A dedicated client, like
Shaun, as well as great mediators from the United States Arbitration and Mediation team helped achieve an excellent
result for Shawn and give some remedy to the struggles he faced from his slip and fall.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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