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Premises Liability

By Wednesday February 17th, 2016

Settlement: $3 Million

Case Description: Our client and her daughter were in Denver for a work related conference and were guests at local hotel. As our client suffers from Cerebral Palsy, a condition she has had since birth, she usually travels with her daughter. Despite having Cerebral Palsy, she was remarkably mobile, utilizing arm crutches for short distances and a wheel chair for long distances. She had been employed for 13 years prior to this incident. Due to her condition, our client specifically requested and paid for a handicapped accessible room, equipped with a roll-in shower and transfer bench, as required by the American Disabilities Act.After several meetings, our client returned to her room to shower. As she began her shower, she transferred herself to the bench and shortly thereafter, the bench pulled away from the wall, tearing out tiles and cement. Our client violently fell to the ground, was seriously injured and is now permanently confined to wheelchair.
The hotel refused to accept liability, despite testimony from every hotel employee deposed, admitting these transfer benches were never maintained for proper operation and weight-bearing capabilities. Additionally, evidence proved that the benches had been moved post installation, after this incident.

Injuries and Damages: As a result of the transfer bench failure, our client sustained traumatic injury to her low back, requiring a lumbar fusion which is not completely solid. She will probably require future surgery to further stabilize the lumbosacral junction. Our client has been rendered permanently immobile, and unable to independently perform activities of daily living.