Skip to navigation
Counsel That You Can Trust & Depend On


Guy DiMartino Nov. 4, 2014

Michigan City Indiana injury lawyer discusses a recent Lake County jury verdict holding CVS responsible for a customer's slip and fall on ice.

On October 23, 2013, a Lake County jury awarded a CVS customer over $400,000 for severe injuries that happened in a slip and fall at one of its stores. Apparently, the woman slipped on ice when going over a threshold at the door of the store and had a pretty bad break in her ankle. The case was tried by a friend of mine Tim Schafer's sons Timothy and Todd. John Twohy of Eichhorn & Eichhorn in Hammond defended the case for CVS.

When is a retail business responsible for a customer's injuries in Indiana?

The law is that a premises owner has a duty to its customers (invitees) to keep its premises in a reasonably safe condition. Evidently, the jury found that to allow ice to build up or not properly salting the area in question was a dangerous condition. This is was a great result by the Schafers in a slip and fall case because juries have a tendency to find fault on the person who falls on another's property.

Filing a claim against CVS

CVS is a large drug store chain and retailer with its corporate offices in Providence, Rhode Island. In our area, CVS took over the Hooks drug stores. For all intensive purposes, CVS is self-insured and it has its risk management department in Providence. In my experience, CVS's adjusters have been fair and easy to deal with on claims. If a claim is not able to be resolved and a lawsuit has to be filed, in the past, CVS had two sets of attorneys handling the cases.

CVS had a national litigation firm that sort of managed the litigation and discovery, and then it would hire a local firm to handle the daily rigors and try the lawsuit if need be.

If you have any questions about filing a claim against CVS, give me a call or shoot me an email.