Settlement for a Slip and Fall in a Bronx Stairway January 23, 2012

In late June 2011, a mother went to pick her daughter up from a charter school in the Bronx. While walking down an interior stairway, she slipped on a small puddle of water, fell down several steps and injured her ankle. A trip to the emergency room at Lincoln Hospital revealed she suffered a fractured ankle (lateral malleolus). The woman asked me to represent her in an effort to collect compensation for her injuries. After conducting an investigation of her case and negotiating with the insurance company for the charter school, we reached a settlement. In just over four months from the date the woman retained me, we settled her case, making for a very pleased client.

A Slip and Fall in a Bronx Stairway

In this case, the woman had left work to pick her daughter up at school. It has been raining much of the day and the woman dressed for the weather and brought an umbrella. She walked down a long hallway in the school and then went up a stairway to her daughter’s classroom. After speaking with her daughter’s teacher, the woman began walking back down the stairs.

She held onto the hand rail with her left hand and carried a small plastic bag in her right hand that held her umbrella. As she reached the second step, her foot slipped on some water and her feet went out from under her. She fell backwards and went down the remaining flight of stairs. Her right leg bent underneath her and she heard a “pop.”

The woman lay in pain at the foot of the stairs. She tried to get up, but felt too much pain in her right leg. A school official came to her aid and called an ambulance. The ambulance took the woman to Lincoln Hospital.

Proving Liability in a Stairway Slip and Fall Case

The challenge in this case was to prove that the school was negligent in allowing the water to gather on the interior stairway and not cleaning it up or warning people about the hazard. In this case, we had the statements of our client and her daughter. We had photographs and diagrams of the incident as well as an ambulance report, all of which we used to support our case. The insurance company for the charter school argued that the school could not prevent water from coming inside on a rainy day, but we showed how this was not an exterior stairway, but a stairway well inside the building.

With this evidence and the way we built our arguments, we were able to present a convincing case to the defendant.

Settling a Slip and Fall Case Quickly and for Good Value

After investigating the case and after my client’s health status stabilized, I prepared an assessment of the case. I reviewed the case assessment with my client and then presented a Settlement Proposal to the defendant’s insurance company. I do all I can to move my clients’ cases as quickly as possible. Once I presented the Settlement Proposal to the insurance company, we entered into negotiations. The adjuster posed certain challenges and requested some additional information. I responded as quickly as possible and demonstrated both the thoroughness and strength of our case. We were able to settle the case for good value at an amount that pleased my client and we did so in less than just over four months from the day my client retained my services.

I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall or a stairway accident or if you have been injured due to another’s negligence, you may want to consult a New York personal injury attorney experienced with slip and fall cases. I would be glad to answer your questions and assist you. The consultation is always free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.

Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
http://nylawthoughts.com
1-800-660-1466
Carol@SchlittLaw.com

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney. Remember, past results do not guarantee similar outcomes in the future.

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