A woman was on vacation in Myrtle Beach, South Carolina and stayed at a local resort on the ocean. During her stay, she tripped and fell down a faulty flight of stairs causing significant injuries to her foot and needed to file a personal injury claim.
Pictures of the hand railing on the stairs showed the following:
- The handrail was broken.
- Yellow tape had at one point been placed around and/or near the pole but had been blown away by the elements.
- Patrons of the resort would have to use the stairs as an entrance and exit to the beach.
The Myrtle Beach resort was aware of the issues with the steps as shown by the yellow tape that was on or about the side of the steps. The hotel also received an online customer review prior to our client's injury making the facility aware of the danger of the stairs and railing.
After the fall, our client went to Grand Strand Regional Medical Center where she was diagnosed with a broken fifth metatarsal on her left foot. Soon, she began to experience numbness, tingling and pain in this foot. Several months later, our client underwent surgery on her fractured metatarsal, as a metal plate was placed in her foot to align the improperly healing fracture. She was not allowed to work. By the end of the year, areas of the metal plate were protruding from the side of her foot and she would most likely need to have this metal plate removed in the future.
Once able to go back to work, our client had to wear soft “bedroom type slippers," and her co-workers attested to the change that this injury had upon their co-worker.
Our client did not reach maximum medical improvement (MMI) due to the fact that another surgery would be likely needed to remove the metal from her foot in the future. Despite not being at MMI, her doctor gave her a 2% impairment rating to her body and a 5% impairment rating to her foot area.
High medical bills were accrued and the amount was exclusive of the surgery that she will need in the future to have the metal removed from her foot.
To recover damages for injuries caused by a dangerous or defective condition on a storekeeper’s premises, the plaintiff must show either (1) that the injury was caused by a specific act of the defendant which created the dangerous condition; or (2) that the defendant had actual or constructive knowledge of the dangerous condition and failed to remedy it. Wintersteen v. Food Lion, Inc., 344 S.C. 32, 35, 542 S.E.2d 728, 729 (2001) (emphasis added).
The owners of the facility knew of this dangerous condition and failed to rectify the situation for a minimum of 8 days during the height of summer and when the greatest number of patrons, including children and the elderly, would be using this walkway and thus the hand rail.
Myrtle Beach Personal Injury Attorneys at The Derrick Law Firm evaluated all factors of the case and submitted a demand to the resort's insurance company to compensate the client for her damages. This personal injury case was settled for $95,000.
If you are in need of a personal injury attorney in Myrtle Beach, contact The Derrick Law Firm at 843-248-7486.