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Scottsdale Lawyers File Slip & Fall Lawsuit Against Homeowner

By: Scottsdale Injury Lawyers LLC June 25, 2019 no comments

Scottsdale Lawyers File Slip & Fall Lawsuit Against Homeowner

Scottsdale Injury Lawyers has filed a new lawsuit on behalf of a Scottsdale resident who was injured at a friend’s house. The client was visiting the house and was walking down the stairs. As he walked down the stairs, his foot came into contact with a slippery substance causing him to fall forward. He landed violently on his kneecap and instantly fractured his patella bone.

It was determined that the slippery substance was candle wax. Apparently, the homeowner knew that the candle wax had been spilled, but believed it had been completely cleaned up. The homeowner was mistaken. As a result, this created a dangerous and hazardous condition which caused the client to fall. The client was in severe pain immediately and could not move. An ambulance was called to the scene and the client was transported to a nearby medical center for evaluation and treatment. X-rays were taken which showed that the client suffered a 3.3 CM distracted fracture of his patella. A distracted fracture is one in which the bone is made longer or extended. In the client’s case, the center of the client’s patella bone (kneecap) was split causing the patella to separate into two pieces by approximately 3.3 CM.

A Patella Fracture Injury

Most patella fractures are the result of an impact or trauma. They commonly occur when someone falls and lands on his or her knee or strikes his or her kneecap against a dashboard in a car accident. Generally, a patella fracture with more than 3 mm in distraction/separation will require surgery to repair.  

In the client’s case, he was required to undergo surgery to repair his fractured patella. The client underwent an open reduction, internal fixation, surgery with hardware. The surgery was performed by making a vertical incision over the kneecap and then using wires, tension bands and screws to bring the broken pieces of bone back together. Despite a successful surgery, the client still experienced a painful and difficult recovery. The client was unable to exercise and gained significant weight causing other health complications. The client is now unable to perform the daily activities he once could. He is unable to run, walk long distances, jump, go up and down stairs easily or do any repetitive impact activity or exercise. The client’s knee also causes him pain when he bends it in certain directions. The client is now left with permanent limitations.

Collecting Insurance from a Friend, Family Member or Loved One

We filed a lawsuit on behalf of the client to pursue the homeowner’s insurance maintained by the owner of the house. A homeowner’s insurance policy protects the owner of a home and those that visit the home. Here, the homeowner’s insurance will allow the client to receive compensation for his injury. It will also give the homeowner peace of mind to know that someone injured by an unsafe condition at his house may be fully compensated.

Often times, people feel uncomfortable seeking to collect from the insurance of friends, family members and loved ones. However, they should not be. The very purpose of insurance is to provide financial compensation to someone if he or she experiences an insurable injury or event. The person who has obtained the insurance has dutifully paid the premiums every month in trade for this protection. The insurance is not there to only protect the policy holder, it is also there to protect anyone he loves, cares about or comes into contact with.

The insurance companies have calculated the risks associated with issuing insurance policies. This is an exhausting an intricate process and insurance companies have prepared for every contingency and situation. Part of that calculation and evaluation includes the likelihood that a friend, family member or loved one may assert a claim for an injury. This is especially true with respect to a homeowner’s policy. Since a homeowner’s policy includes coverage for events that occur at one’s home, it is likely that at some point, if a claim is made, it will be made by those that frequent the home. In other words, friends, acquaintances and family members invited there. Although every homeowner’s insurance policy is different, there are several that provide insurance for events and injuries that do not occur on the premises of the home. What is covered by a homeowner’s insurance policy is controlled by the insurance contract the homeowner entered into. Even if the homeowner does not have a homeowner’s policy that covers the event or injury, the homeowner may still have other insurance policies that do. For example, an umbrella policy or a separate liability policy may apply. As such, if you or a loved one has suffered an injury and think that there may be insurance to collect from, contact a skilled attorney at Scottsdale Injury Lawyers today. One of our attorneys is available now to discuss your case.

About the author: The content on this page was written by Scottsdale civil rights lawyer and personal injury attorney Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Ranked Top 35 US News & World Report 2018).  Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.

Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.

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