Successful Past Verdicts for Trip/Slip and Fall in New York
Unsafe Building Premises – Trip and Fall-Settlement $400,000.00
Our client tripped and fell due to a broken edge of a step leading from a building to the public sidewalk. She fractured her ankle and the fracture had to be reduced with surgery and the insertion of hardware. Our client is left with a permanent impairment of her ability to walk and get about. The defendants contended that the break of the step edge was minimal and that our client should have known about the condition since she had been living in the building. Levine & Slavit countered these defenses by retaining an engineer to testify as an expert and to explain why the condition constituted a tripping hazard. The settlement consisted of part cash and part a structured payout.
Trip and Fall on Metal Plate on Roadway – $350,000.00 Settlement
Our client was crossing 42nd Street in Manhattan near the Port Authority Bus Terminal when he tripped and fell on a metal plate in the crosswalk that was raised above the level of the adjacent roadway. As a result of the fall, he suffered a fractured hip requiring surgery. Fortunately our office was contacted right away so we were able to get photographs of the metal plate before they were picked-up by the defendant.
Trip and Fall on Sidewalk in Front of Construction Site – Fractured Hip – Settlement $245,000.00
Our client tripped and fell on a sidewalk in front of a construction site due to a hole on the sidewalk, fracturing her hip requiring surgery for open reduction and internal fixation with hardware. The construction project included the demolition of a building and the erection of a new building at the site. Suit proceeded against the adjacent landowner, the general contractor for the construction project, and the subcontractor for the demolition portion of the project. We went to the scene of accident shortly after it occurred and took photographs of the hole before it was fixed. These photographs were exchanged with the defendants’ attorneys. Thereafter, we took a deposition of the property owner which confirmed that the general contractor was aware of the hole before the accident.
Additionally, during the course of discovery, we obtained the names of the architects who were involved with the project and served subpoenas upon them for their records. Amongst the information received in response to our subpoenas were photographs taken of the demolition showing the subcontractor’s bulldozer crossing from the building to the street over the sidewalk apparently creating the hole that our client tripped in.
Expert: Orthopedic Surgeon
Trip and Fall – Flea Market – Fractured Femur – $275,000.00 Settlement
As is often the case, our office’s immediate investigation of the location of accident and photographs of the area were crucial to the successful outcome of this case. Our client regularly worked at a flea market held on Sundays in an indoor parking garage. On the day of accident, our client tripped and fell due to a hole in the cement floor of the garage. As a result of the fall our client sustained a fractured femur. Our client admitted that she had seen the hole on days prior to her accident and knew it was there. The defendants argued that the hole was too trivial to form the basis of a lawsuit, but the photographs we took showed otherwise. We were able to defeat the attempt to have the case dismissed, after which we were able to successfully resolve the case.
Trip and Fall – Raised Door Saddle – Neck Fracture – $225,000.00 Settlement
Our client tripped and fell in an office building on Long Island over a raised saddle. The injuries she sustained included a displaced fracture in her neck. The position of the fracture fragment left her at risk for spinal cord injury, but surgery was not an option because she was 80 years of age. The defendant moved for summary judgment arguing that the saddle was raised so slightly that the case should be dismissed for being a trivial defect. Fortunately, immediately after being retained our office hired a professional engineer who inspected and measured the location and concluded that the defect was not trivial and violated the New York State Building Code. In addition, at the depositions we took of the security guard on duty at the time of the accident and of the building manager, we were able to obtain an admission that prior to our client’s accident other people had tripped on the saddle and that the building management had considered the condition to be dangerous.
Expert: Professional Engineer.
Premises Liability – Defective Stairs – EMS Worker Requiring Shoulder and Ankle Surgeries – Mediated Settlement $195,000.00
Our client was injured when he tripped and fell down a marble staircase in the defendant’s building that had a broken and missing chunk from the edge of a step. Our client was an ambulance worker who was responding to a call that a person in the building was acting in a threatening way and needed medical attention. Police officers accompanied our client and his partner to the building. Our client tripped and fell as he was escorting the person down the steps.
The defendant’s insurance company and lawyer attempted to prove that our client was injured not because of the broken step, but because the person he was trying to help pushed him down the stairs. The defendant also contended that the condition of the step being complained of was not of sufficient size to be actionable under the law. Our office countered these arguments citing case law holding that the defendant’s proof alleging that our client was pushed was hearsay, and holding that because the condition was located at the edge of the step, its size was sufficient for our client to recover damages for his injuries. We also successfully countered the defendant’s contention that MRI studies made of our client’s shoulder and ankle did not show the extent of damage that our client’s surgeon found.
It is significant to note that when we were first contacted by our client, he stated that he was looking for a workers’ compensation lawyer. By listening to our client’s version about how his accident occurred, we realized that not only did he have a valid workers’ compensation claim, for which we referred him to a law firm concentrating in that field of law, but in addition to that claim he had a valid lawsuit against the building owner.
* Prior results do not guarantee a similar outcome.