Austin, TX (Law Firm Newswire) April 13, 2021 – The owner of a home remodeling company slipped and fell off a ramp at a restaurant, resulting in traumatic brain injury.
The 40-year-old plaintiff alleged the restaurant was negligent in allowing a dangerous condition to exist on their premises. According to court documents, the plaintiff was walking with a cane due to a back injury. On the way to the washrooms, which had an inclined ramp to access them, he slipped and fell on the wet, greasy surface at the top of the ramp. The plaintiff was taken to a medical facility and diagnosed with a concussion.
The plaintiff was referred to a brain injury specialist to discuss blurred vision, neck pain, fatigue, noise and light sensitivity. Cognitive testing indicated the man was having difficulties with reaction time and verbal memory. The plaintiff has been receiving therapy since his accident in 2015. Expert witness testimony at the trial indicated the plaintiff would likely benefit from further treatment.
The fall at the restaurant in 2015 caused the plaintiff to strike his head and lose consciousness. On examination of the spot in dispute on the ramp, it was noted that it was slippery from rainwater and food residue. The lawsuit filed against the restaurant alleged that the restaurant failed to deal with hazards on the premises to keep patrons safe. The defense suggested others had used the ramp without issue and that the plaintiff was unstable on his feet, causing him to fall.
The jury ultimately stated the restaurant owner was negligent. The plaintiff received $53,747.63. “This case points out a number of things,” said Austin brain injury attorney Brooks Schuelke, not involved in the case, “including that it is not always sports or car accidents that can result in a traumatic brain injury.”
“This case also highlights a very real issue pertaining to keeping business premises safe for customers. If there is a hazard on the premises, the owner/manager is legally responsible for rectifying that hazard,” Schuelke added.
Anyone involved in a slip and fall accident resulting in a traumatic brain injury and/or other injuries should seek counsel from an experienced personal injury attorney to recover compensation for those injuries.
Schuelke Law PLLC
3011 N. Lamar Blvd
Austin, TX 78705
Call (512) 476-4944
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