A woman attending a day spa in Cape Cod slipped and fell on their stairs, resulting in a compound fracture to her left femur. The day spa argued that the patron, a diabetic, was hypoglycemic at the time of the incident and that caused her fall. Their proof included medical records showing her low levels of blood sugar shortly after her fall.
However, the woman was able to combat this with a combination of proof that the spa's stairwell violated Massachusetts Building Code and expert testimony that she was not hyperglycemic at the time of her fall. The expert used testimony from one of the workers at the spa that the plaintiff was orientated and able to carry on normal conversation shortly before her fall to prove that she was not hyperglycemic.
The spa settled with its injured patron for $300,000.00
Expert testimony can be necessary at times to prove a difficult case. Due to the high cost of hiring an expert, it can be cost prohibitive to some plaintiffs on their own. That's why it's important to have a quality attorney on your side.
If you've been injured, contact our law firm today for a free consultation.