Following a German judge’s injury in Florida, this long-time member of the German judiciary sought help in the USA. We shall refer to her as “Judge W.” to safeguard the privacy of our client. Judge W. is a German citizen who was visiting Florida on a much anticipated two-week vacation. Sadly, she injured herself at a well-known Florida Resort and Spa.
Judge W. served on the German judiciary for decades. As a result, she knew quite well that having an experienced attorney at her side could make all the difference. Her focus was on two points. First, she wanted to ensure that she would win her case. Secondly, however, she wanted to ensure that the result she achieved was appropriate in light of her injuries. Therefore, she sought an experienced attorney in personal injury litigation in Florida. However, she also wanted an attorney who speaks German. Consequently, she turned to Jackson Law International for representation.
How the Injury Occurred:
Judge W. was staying at an internationally known hotel chain in Florida with her family. On the morning of the incident, the family parked their car in the hotel’s underground self-parking lot. The parking lot was full to capacity, but they found a spot in the rear of the parking garage. While the front of the garage was fairly well lit, the rear of the garage was not.
Judge W. stepped out of the car and walked in the direction of the hotel elevator. As she did so, she slipped on a very greasy substance on the ground and fell forward. Unfortunately, she struck the floor with considerable force. In doing so, she felt her left ankle turn so significantly that she experienced a severe “cracking” in her ankle. In excruciating pain, Judge W. was unable to rise and was forced to simply sit, as she was unable to bear weight on her left ankle.
As she could see from her seated position, there was a large puddle on the ground containing a greasy foreign substance on the ground of the parking garage where she had slipped and fallen. So, her husband took photographs of the floor following this incident. Right above this puddle was an old, rusty, cracked pipe. The pipe was exposed and leaking the same substance. The substance was possibly cooling fluid for the air conditioning system of the hotel that mixed with oil on the floor of the garage. Photographs of the pipe were also taken at the time of the incident. Regardless, the pipe was clearly leaking the foreign substance onto the ground. This foreign substance was allowed to pool and collect with no signage or safety cones to warn pedestrians.
This slippery area on the garage floor was fairly large in diameter. It measured approximately 1 meter (3.28 feet) in length and 40 to 50 centimeters (1.31 to 1.64 feet) in width. Closer inspection revealed that the greasy puddle was not fresh. In fact, it contained different layers and colorations, reflecting that the area had become wet and then dried on multiple occasions. Judge W. had not been able to see the greasy substance on the floor of the parking garage as she was walking. Nor were there any signs around this area warning guests of the hotel that a slippery substance had leaked onto the garage floor and/or that the ground was wet and slippery. Ultimately, hotel staff marked off this foreign grease puddle after the incident with safety cones.
Initial Medical Treatment for the Injuries and Damages:
After the incident, Judge W. was in so much pain that she was unable to rise without assistance. Emergency medical services were notified, and she was taken to the emergency department of the local hospital in Naples, Florida. Radiology reviewed an x-ray of her ankle. The image confirmed, though, that her ankle was not broken. Sadly, due to the injuries she sustained, she could not walk and had to use a wheelchair for the remainder of her vacation.
Judge W. was in constant pain due to her injuries and could not perform any daily tasks without assistance. She also had trouble sleeping due to the pain, tenderness, and swelling in her ankle. As a result of her pain and suffering, the family was unable to enjoy the remaining time of their vacation – thus, suffering loss of enjoyment of their holiday and wedding anniversary celebration.
Up until this point in time, the couple enjoyed a very active life-style, and they had a number of activities planned while on vacation. Instead, Judge W. spent the rest of her vacation in a wheelchair. Further, the trip home to Germany was particularly difficult and painful.
Medical Treatment in Germany for the Injuries:
Following this German judge’s injury in Florida, she returned to Germany. There, physicians medically evaluated her injury. She presented to an orthopedic surgeon the day after her return to Germany. As we often see in our cases, follow-up medical care in Germany typically reveals far more significant injuries than first thought to be present. Here, the judge’s physician ordered her hospitalization due to the significant swelling of her left lower leg. Moreover, the phycian ordered an MRI examination of her left ankle joint. The MRI revealed a rupture / break of the anterior tibiofibular ligament, i.e., a rupture of the outer ligament of the upper ankle. Consequently, the physician prescribed an ankle brace for Judge W., which she did wear for approximately six (6) weeks. Additinally, the physician deemed her unfit to work for over a month.
With continued complaints of pain and instability of her ankle, Judge W. presented to a premier clinic for injuries to the foot in the region of Germany where she lived. She was continuing to experience weight-bearing problems with respect to her upper left ankle, and swelling continued to be present and visible. After examination and additional radiographic testing, the physician recommended physical therapy exercises. He also ordered a repeat MRI of the affected area in six (6) months. Further examinations showed load-bearing pain. As such, Judge W. continued to be limited in her activities of daily living, as well as leisure activities. Moreover, she was continuing to experience incidents of twisting her ankle, and her ankle would swell with use. The surgeon recommended that she undergo a further MRI for purposes of comparing it to the previous one performed. Following the additional MRI, the surgeon diagnosed her with:
- Status post distortion trauma of the left ankle joint with lateral ligament injury;
- a continued lateral ligament instability in the area of the upper left ankle with recurring supination trauma;
- an osteochondral lesion along the medial aspect of the talus dome.
The surgeon added that the instability was not correctable by the patient.
The Impact of the Injury upon the Judge’s Life:
What was demonstrably clear was that due to the German judge’s injury in Florida, she experienced experienced significant instability of the left ankle joint with limitations on weight-bearing activities. These issues transcended nearly all aspects of her life. To this day, she still has trouble walking and engaging in weight-bearing activities. Overall, her functional mobility continues to be impaired. Unfortunately, due to her injuries, she cannot perform any of the physical activities that she used to enjoy. If she stands, walks, or engages in any other physical activity for an extended time, it exacerbates her ankle pain and causes swelling.
Problematic was that in Germany there is much more walking required of individuals than in the United States in order to get around. Because of her limited ability to walk, Judge W. gained a lot of weight, which, in turn, took a great toll on her emotional state and her overall physical health. The couple had to curtail most of their activities.
The Liability of the Hotel:
Turning to the question of liability, a hotel has a general duty to exercise reasonable care in operating its business and protecting guests. That duty is met in part by reasonable inspections of the premises to discover dangerous conditions. To prevail in a lawsuit, one must demonstrate that the hotel had actual or at least constructive knowledge of the greasy and slippery foreign substance on the floor of its parking lot and that this condition existed long enough that the hotel, in the exercise of ordinary care, should have discovered and corrected it. In this case, it became necessary to demonstrate that the injured party fell because the hotel failed to remove the greasy spill, barricade it, or warn the hotel patrons about it.
A key argument would have to be that by failing to take affirmative steps in order to protect hotel guests, such as through the use of warning signs, placement of safety cones, cleanup of the slippery substance, and/or repairs of the broken pipe, the hotel breached its duty of care towards its hotel guests. Finally, one would have to demonstrate that the judge’s injury was the proximate result of the hotel’s failure to exercise reasonable care, and that the Defendant was liable for the consequences.
Jackson Law International’s Involvement:
Following this German judge’s injury in Florida, she retained Jackson Law International to repres her interests against the Defendant hotel. Our firm gathered the necessary information, analyzed extensively the nature of the injuries, and put together a demand letter to the liability insurer. The insurance company did not make a reasonable settlement offer given the level of documented injuries and treatment. As a result, Jackson Law International filed a lawsuit in Florida state court against the hotel. Suffice it to say that Jackson Law International secured a six-figure settlement with the hotel . The amount achieved left Judge W, extremely pleased with the result.
We welcome the opportunity to discuss your case with you to determine whether you also might have a viable claim following your injuries.
Contact
We encourage you to explore our website. Take the time to learn more about Jackson Law International, its attorneys, and the firm’s practice areas. Jackson Law International will gladly share with you its track record in representing clients in international personal injury cases across the United States. Our experience allows us to provide a level of service to our clients that is often too difficult for the typical American law firm to duplicate.
International Litigation typically presents the courts, attorneys, and parties with unique challenges. These unique challenges often fall outside of the general experience of law firms that have not routinely handled such matters. Our cross-border experience allows us to assist clients and other law firms in international personal injury cases. Accordingly, the firm looks forward to the opportunity to put that experience to work for its clients.
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By Michael R. Jackson, Shareholder
© Jackson Law International 2020