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$5,000 Awarded in Settlement for Washington DOC Slip and Fall Accident

$5,000 Awarded in Settlement for Washington DOC Slip and Fall Accident

The Washington State Department of corrections settled in November 2004 for $5,000 with Christopher Wirtz, a prisoner at the Stafford Creek Correctional Center. Wirtz was at his assigned work detail in the kitchen area of the facility on June 1, 2002 when the incident occurred. Wirtz alleged he was walking to a break area in the dining hall portion of the kitchen when he slipped on a wet spot of the floor; his legs went out from under him, and he landed on the back of his neck.

The immediate attending guard noticed swelling and redness on the back of his neck and sent him to the medical department. The accident was also witnessed by two other prisoners who supplied sworn statements corroborating Wirtz’s statement of the events.

It was noted by all three prisoners that various staff, including the food service director, knew of and remarked upon the slippery area, realized it was smoother than the rest of the floor and floated solutions to correct the problem. But, as of 84 days after the accident, the area was unchanged, not even a “caution, wet floor” sign had been placed near the area.

Wirtz was allowed three days to rest and then was sent back to work.

Wirtz filed his claim with the Division of Risk Management of the Washington Attorney General’s Office on August 27, 2002, claiming the staff was negligent, as evidenced by their own verbal confirmation that they knew it was unsafe to walk in the specified area, and nothing was done to correct the matter. Wirtz also claimed ongoing medical issues, including migraine headaches. See: Division of Risk Management, State of Washington, Claim No: 31054524, August 27, 2002; Case No: 03-2-00178-0 Grays Harbor Co. Superior Ct., Settled 29 Nov. 2004.

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Related legal case

Division of Risk Management, State of Washington