The Day of the Accident
On or about December 17, 2015, the Plaintiff was a business invitee of Defendant which was owned and/or operated by the Defendant and was lawfully on the premises for the purpose of eating and shopping.
After her meal, the Plaintiff wished to shop at a location within the Defendant’s shopping complex. Plaintiff thus traversed the parking lot from the location she was eating to the location she wished to shop and tripped over an unmarked, unpainted, and haphazardly constructed bump in the road – thus causing her to fall and suffer damages.
The defendant had constructive knowledge of the hazardous condition and/or actually knew of the condition as the area in question seems to be an intentionally created bump to slow traffic (i.e. a speed bump).
Plaintiff’s fall was due to the negligent acts and omissions of Defendant in that it negligently created a dangerous or negligent condition, to wit
- By failing to provide a safe environment for a business invitee to walk upon;
- In failing to keep the said premises in a safe and proper condition for the use of its business invitees such as using proper paint, properly constructing the area, and/or repairing the area; and
- In failing to warn the Plaintiff of the dangerous condition of said failure to keep the premises in a safe condition, which caused the fall at the place where the Plaintiff was caused to fall.
That at the time and place aforesaid, the Defendant so recklessly or negligently maintained, operated, or controlled said premises as to cause the Plaintiff to be injured. Thereon at a time when the Defendant caused the premises to be unsafe. And knew, or by the exercise of ordinary care, should have known, that the said area was not in a reasonably safe condition commensurate with the circumstances of its use by patrons, or in the alternative;
At the aforesaid time and place the Defendant failed to exercise proper care in maintaining the said area in a safe condition, or in the alternative; employed incompetent, inexperienced, unskilled or careless employees and/or failed to exercise proper supervision of said employees in maintaining the said area in a proper, safe condition, thereby causing injuries to the Plaintiff as herein alleged, or in the alternative;
That at the time and place aforesaid, the Defendant knew or should have known of the existence of the dangerous walking environment and fall hazard for a period of time sufficient to put the Defendant on notice, and the Defendant failed under its duty to correct the problem or warn business invitees of the said dangerous condition, or in the alternative;
The Defendant’s employees knew of the existence of the “dangerous environment” in the area, and in the exercise of their duty to maintain, paint and repair the said area in a reasonably safe condition for the invitees’ use, so carelessly and negligently maintained said area that it was, in fact, a hazard, and it caused the Plaintiff to fall violently substantially injuring herself.
That as a direct and proximate result of the said negligence by Defendant Plaintiff has suffered bodily injury, and resulting pain and suffering, disability, mental anguish, and/or loss of earnings and has incurred substantial medical expenses for treatment and care, past, present and future. Said losses, injuries, and/or expenses are either permanent or continuing in nature, and Plaintiff will continue to suffer the same in the future.