Imagine for a moment that it’s a beautiful, sunny South Florida day and you’re eating lunch next to an open window when suddenly, the large electronic retractable shade detaches and slams onto your head.
That’s exactly what happened to our client, causing traumatic injuries to her neck that required four surgeries.
The restaurant tried to deny liability, but Firm Partner Jeffrey Gordon uncovered surveillance video from inside the restaurant that caught the entire sequence of events on camera.
A restaurant employee negligently began lowering the window shade, and a gust of wind blew the shade and its bracket completely off the window frame. The bracket and shade flew directly into the head and neck of our client.
Jeff also hired an expert engineer who inspected the shade and determined that a lack of maintenance had caused certain parts of the internal mechanism to wear out. The restaurant knew or should have known that given the lack of maintenance, and prior issues, that it was likely the window shade would fail at some point. The case was settled for $2 Million before trial.
When it comes to holding businesses responsible for injuries caused by unsafe conditions as a result of negligence, the team at Lesser, Lesser, Landy & Smith will vigorously pursue your case to make sure justice is served. Our attorneys are available for consultation throughout the state on premises liability matters.