Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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Injured woman gets new trial against grocery store

On Behalf of | Jul 5, 2019 | Slip & Fall Accidents

Slip-and-fall injuries can cause serious damage to customers in Georgia at public places like supermarkets and shopping malls. If their injury is due to the negligence of the business involved, they may sue on the basis of premises liability for their lost wages, medical bills and related damages. However, people might face a challenging time proving that the company was negligent in a way that caused their fall. In some cases, this could be because the store itself has deleted the evidence that could point to poor maintenance or other unsafe standards.

In one case, a woman who was injured in a ShopRite after a slip-and-fall accident will receive a new trial at the order of an appeals court. The woman was shopping in the produce department when she fell due to a puddle of water on the floor. She already had a back and hip injury that was exacerbated by the injury. Despite the fact that her lawyer sent the company a letter demanding they save surveillance information for six hours before and three hours after the incident, they did not. Instead, the company presented video material for only 37 minutes prior to the fall and 20 minutes after.

The remaining material was overwritten in the company system 30 days after the fall. Despite this situation, the trial judge refused to issue an instruction to the jury about the destruction of evidence. The appeals court said that the jury should have been given information about the consequences of destroying evidence and said that the woman should have a new trial as a result.

People who are injured due to a store or business’ dangerous conditions may need to gather extensive information proving its responsibility. A personal injury lawyer may be able to help accident victims put together a strong claim for premises liability.


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