Naperville Store Slip & Fall Case — $155,000 Settlement in Naperville
Key Takeaways
- Two thick floor mats had been placed over broken and missing entrance tiles, creating an uneven walking surface.
- A store employee provided evidence that management had placed the mats over the damaged flooring.
- The defense blamed our client for the fall and argued that her shoulder condition was pre-existing and degenerative.
- Our client underwent reverse shoulder replacement surgery.
- After extensive litigation and preparation for trial, the case settled for $155,000.00.
What Happened
Our client was entering a business in Naperville when she encountered two thick floor mats layered over an area of broken and missing entrance tiles. The overlapping mats created an uneven walking surface along the path customers used to enter the premises.
Our client tripped on the uneven mat arrangement and fell. Evidence obtained from a store employee supported the position that management had placed the mats over the damaged flooring instead of properly repairing the entrance tiles or keeping customers away from the area.
The Injury
The fall caused pain in our client’s left shoulder, neck, and back. Medical evaluation revealed a large rotator-cuff tear and severe cuff-tear arthropathy in the left shoulder.
Her shoulder condition was not repairable through a conventional rotator-cuff procedure. She ultimately underwent reverse shoulder replacement surgery on February 15, 2022. The surgery replaced and reconstructed the damaged joint and left permanent surgical scarring.
The Insurance Company's First Offer
The defense denied liability and made no initial settlement offer. It argued that the store was not responsible for the fall and that our client should have seen or avoided the condition.
The defense also disputed medical causation. It maintained that the shoulder condition was degenerative and pre-existing rather than caused or aggravated by the fall.
Why That Offer Was Too Low
The defense’s position did not adequately address the evidence concerning the damaged entrance. Two thick mats had been layered over broken and missing floor tiles, creating an uneven surface where customers were expected to walk. Testimony from a store employee supported our position concerning why the mats had been placed in that location.
We also disputed the attempt to attribute the shoulder condition entirely to degeneration. The medical evidence documented the serious condition of our client’s shoulder following the fall, the treatment she received, and the eventual need for reverse shoulder replacement surgery.
What We Did
Our firm investigated the condition of the entrance, sent a preservation letter, preserved available video evidence, and contacted witnesses. We collected and reviewed the medical records and bills documenting our client’s shoulder condition, treatment, and surgery.
When the claim could not be resolved because of the liability and medical-causation disputes, we filed a lawsuit in DuPage County. We completed written discovery, issued subpoenas, and conducted depositions, including testimony relating to the condition of the entrance and the medical issues.
We continued preparing the case for trial while addressing the defense’s comparative-fault and pre-existing-condition arguments. The litigation ultimately resolved through a $155,000.00 settlement without a trial. We also addressed the outstanding medical liens and bills as part of concluding the case.
Timeline
- Accident occurred April 29, 2019
- Key treatment began May 10, 2019
- Earlier course of treatment completed June 12, 2020
- Claim opened December 15, 2020
- Lawsuit filed March 5, 2021
- Reverse shoulder replacement surgery February 15, 2022
- Depositions completed August 17, 2022
- Settlement agreement reached December 29, 2023
Total duration: 56 months
Why This Case Matters
Premises-liability cases frequently involve disputes about whether the property owner knew of the dangerous condition and whether the injured person should have avoided it. This case also presented a significant medical-causation dispute because the defense attributed our client’s shoulder condition to pre-existing degeneration.
The evidence developed during litigation addressed both issues. Testimony concerning the mats and damaged tiles supported our position that the entrance condition had been created or permitted by store management. The medical evidence documented the shoulder condition, extensive treatment, and reverse shoulder replacement surgery.
By developing that evidence through discovery and preparing the matter for trial, we moved the case beyond a complete liability denial and obtained a $155,000.00 settlement.
The Final Result
$155,000.00
The case resolved immediately following key depositions. Filing the lawsuit heavily benefited our client’s financial position by turning an initial full denial of liability into a $155,000.00 settlement. Just as importantly, by locking in powerful testimony from a post-occurrence witnesses and the treating orthopedic surgeon, we were able to clearly demonstrate the strength of our liability and medical arguments, successfully resolving the litigation without forcing our client through the stress and uncertainty of a trial.
Frequently Asked Questions
Potentially. Illinois follows a modified comparative-fault rule. A person found more than 50% responsible generally cannot recover damages. If the person’s share of responsibility is 50% or less, the recovery is reduced by that percentage. In this case, the defense blamed our client for failing to avoid the entrance condition, but we developed evidence concerning the damaged tiles and the mats placed over them.
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