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Settlement for a Slip and Fall in a Brooklyn Supermarket January 10, 2012

Posted by Carol L. Schlitt in Slip and Fall.
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In July 2011, a woman entered her local Pathmark supermarket in the Sunset Park section of Brooklyn. As she walked towards the front of the store, she slipped on a small puddle of water and fell. The slip and fall left her with injuries to her back and leg. She 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 claims manager for the supermarket, we reached a settlement. Less than 20 days later, her settlement check arrived today, making her a very happy client.

The Facts of the Slip and Fall Case in the Supermarket

The woman had entered Pathmark to do some grocery shopping. She was dressed casually and wearing rubber flip-flop sandals. A small puddle of water – approximately 2 feet by 2 feet – had formed in front of aisles 17 and 18 of the supermarket, but it was not obvious to the observer. The woman walked in the area as part of her shopping and slipped on the puddle. Her feet went out from under her and she reached out to brace herself, but she landed on her behind.

Other patrons immediately came to her assistance and the store manager came over to help. The store manager called for an ambulance which took the woman to Methodist Hospital.

Proving Liability in a Supermarket Slip and Fall Case

The challenge in this case was to prove that the store was negligent in allowing the puddle and not cleaning it up or warning customers of the hazard. In this case, we had the statements of our client and the man who was shopping with her. We also managed to interview the store manager, who corroborated our client’s account of events. Using photographs and diagrams, we were able to demonstrate that this puddle formed in an area with high foot traffic that was immediately visible to the personnel working in the front-end of the store.

We built an argument that demonstrated that the water came from a leaking freezer and was in an area that the store should monitor and keep safe and was in an area that store personnel could easily see.

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

Settling a Case Quickly and for Good Value

While I love my work as a lawyer, I cannot stand the slowness of this business. So many cases take too long to resolve. In our law firm, we commit ourselves to moving every case as fast as possible. In this case, as soon as we completed our investigation and as soon as my client’s medical condition stabilized, we sent a Settlement Proposal to the insurance company for the supermarket. We entered into negotiations and when they asked for additional information, I provided it right away. In the end, we were able to settle the case for good value at an amount that pleased my client and we did so in less than six months with the settlement check arriving six months from the date of the incident.

I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall at a supermarket 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 performance does not guarantee future results.

Settlement for Slip and Fall on Ice in a Supermarket Parking Lot December 15, 2011

Posted by Carol L. Schlitt in Slip and Fall.
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On a chilly February morning, a woman went shopping at her local supermarket. After loading her bags in her car, she turned to return the shopping cart and slipped and fell on some uncleared ice. The fall left her with an injured back and a slight fracture in her wrist – an avulsion fracture at the base of the fifth metacarpal.  A slip and fall on ice can happen to anyone, but the cause becomes negligence when a store owner fails to clear the ice and snow from a parking lot. In this case, the woman asked me for assistance. We investigated the case, analyzed her medical records and prepared an assessment of her case. We then engaged in settlement talks with the defendants and reached a settlement this week that left the woman very pleased.

 Proving Negligence in a Slip and Fall on Ice  

We all know how treacherous walking on snow and ice can be and need to take precautions to avoid slips and falls. A slip on ice can be one of those things that happen. However, if the slip results because a property owner failed to adequately clear ice and snow, then it becomes a case of liability.

In this case, the supermarket owner failed to clear the parking lot of ice and snow. The last snow had fallen four days earlier, yet the supermarket had still failed to clear the parking lot. They had a responsibility to provide for the safety of their customers. The store failed to do so. That failure, made them liable for injuries suffered if someone slipped and fell on ice in their parking lot.

In our investigation, not only did we procure weather reports and arrange for photos of the scene, but we also found a witness who corroborated our client’s version of events. A thorough investigation helps build a case and makes it more valuable for our client.

Determining the Value of the Case in a Slip and Fall on Ice

To determine the value of the case, I started by interviewing my client and collecting all of her medical records. I needed to understand the impact this injury had on her life. I reviewed the medical records and sought the input of an expert nurse reviewer. We highlighted the diagnosis and treatment my client received.

I then conducted the legal research to find similar cases and the value those cases brought at trial. It is vital to understand what a case will bring at trial. While each case is unique and stands on its own merits, my past cases and trial research provide a foundation for arguments to maximize the compensation for the current case. 

Settling the Slip and Fall on Ice Case

Once I complete my investigation and my analysis of the damages, I prepare a case assessment for my client which projects the value of her case at trial and the value in settlement. I review that assessment with my client and, with her approval, I prepared a settlement proposal for the defense. In this case, the supermarket owner (Pathmark) pointed the finger at their contractor who had responsibility for clearing the parking lot of snow and ice. I negotiated with both and both agreed to contribute towards a settlement. After considerable back and forth, both sides made an acceptable offer. I reviewed that offer with my client and then went back to the negotiating table to push the offer higher. When we received the higher offer, my client chose to settle the case.

I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall on ice, particularly one in a supermarket parking lot, you may want to consult a New York personal injury attorney experienced with injuries in similar cases. I have extensive success with slip and fall on ice cases and with supermarket cases. I would be glad to answer your questions and assist you. The consultation is 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
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. Each case is unique and will have a unique outcome.

All content of this site:

© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

A Woman Slips and Falls on the Job, Can She Sue? November 19, 2011

Posted by Carol L. Schlitt in Workers' Compensation, Slip and Fall.
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I received a question from a woman that I thought my interest my readers:

I slipped and fell at work. The floor was wet and there was no wet floor sign. The area was open to the customers to walk through. So it’s possible anyone else could have fallen. The point is I did fracture my left elbow, left wrist and a carpal bone. My boyfriend says I should sue; I’m just confused about going about anything. As of right now, workers comp is pending and medical treatment has been forwarded to the company. I’m still in a lot of pain and now just stressed from missing work, any advice?

I am sorry to hear about your accident and hope that you make a full and fast recovery. The best thing you can do is receive the medical care you need.

You do not say where you live, but I practice personal injury law in New York so I will tell you what New York law says about your case.   If you are injured on the job, New York’s Workers’ Compensation Law applies. The good news is that you will receive medical coverage for the injuries related to the incident and compensation for lost wages. The downside is that you cannot sue your employer. Let me explain in more detail.

Make sure that your employer filed a claim with their Workers’ Compensation carrier. There should be no delay in receiving your Workers’ Comp coverage.

The most important objective is to make sure you receive the medical treatment you need so you can make a full recovery from your injuries. If you are injured on the job in New York, you automatically qualify for Workers’ Compensation and your employer should file a claim on your behalf immediately. Workers’ Compensation will cover your medical expenses and reimburse you for cash losses. If you must miss more than seven days of work due to a work-related injury or illness, Workers’ Compensation will partially reimburse you for lost wages. The amount you receive will depend upon your average weekly wage for the previous year. The maximum amount paid cannot exceed $500 per week.

You do not need to prove that anyone was at fault to receive Workers’ Compensation benefits. As long as the injury occurred while on the job, you qualify for NY Workers’ Compensation benefits. You do not have to sue anyone to receive these benefits and that both reduces the costs of the program and speeds up benefits.

In exchange for giving employees these benefits, the NY Workers’ Compensation law limits the ability to seek additional damages from an employer. In short, since you were hurt on the job, you can collect Workers’ Compensation benefits, but you generally cannot sue your employer for additional compensation for your injuries.

There are several exceptions that would allow a person to sue for damages even with the Workers’ Compensation in place. However, none of these exceptions appears to apply to your situation. The exceptions include:

  • You are a uniformed employee or teacher in New York City or other municipality who is exempt from Workers’ Compensation by contract.
  • Your injury occurs while working on a ladder, a scaffold or at any elevation at a construction site.
  • Your injury results from an object falling on you from a ladder or scaffold at a construction site.
  • Your injury occurs due to a defective product.
  • Your injury occurs due to the negligence of someone or some entity other than your employer. This category would include injuries resulting from a motor vehicle accident with a driver not employed by your employer or an injury resulting from the negligence of a property owner when you are working off-site.
  • Your injury occurred due to gross negligence of your employer or fellow employee. Gross negligence is very hard to prove and requires clear intent to harm. You can read more about gross negligence in this article.

If you or a loved one has questions about injuries suffered in a slip and fall case, you may want to consult a New York personal injury attorney experienced with slip and fall and trip and fall cases. I will be glad to answer your questions and assist you.

I hope you found this information helpful. Please call or email me if you have comments, questions or would like assistance with a slip and fall case. You can also visit my website.

If you or a loved one has been hurt through the negligence of another, you may want to consult a New York personal injury attorney. I would be glad to answer your questions and assist you. 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

Settlement for a Slip and Fall at a New York City Office Building October 27, 2011

Posted by Carol L. Schlitt in Hurt on the Job, Premises Liability, Slip and Fall.
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Last November, a woman working at a temporary employee entered the woman’s washroom on the floor near her office. She slipped and fell on a puddle formed by water leaking from the sink that was
slanted towards the ground. An ambulance took her to Bellevue Hospital where she was diagnosed with a severe sprained ankle. She asked me to represent her. After conducting an investigation into
the matter and building the case, I negotiated a settlement that exceeded the woman’s expectations and made her very happy.

An Injury on the Job Caused by the Landlord  

In New York, the Workers’ Compensation Laws prevent employees from suing their employers except in rare cases. However, this woman’s injury was caused the negligence of the building owner, not her employer. Therefore, she could bring a case against the landlord.  

Building the Slip and Fall Case  

I handle many slip and fall cases, and while each case has its own fact pattern, there are many basic similarities between all slip and fall cases. In this case, the negligence caused a puddle that led to the slip and fall. We need to show one of the following:

  1. That the defendant caused the hazard. In this case, the landlord’s negligence in maintaining the sink area caused the hazard; or
  2. That the defendant knew about the hazard and failed to take action to repair it and warn people of the hazard. In this case, the problem with the sink was ongoing and the landlord had prior knowledge; or
  3. That the landlord should have known about the hazard and failed to take action to repair it and warn people of the hazard. In this case, routine cleaning of the bathroom would have revealed the problem, so the landlord should have been aware of the problem.

In some slip and fall cases, defendants may claim that they lacked prior knowledge and therefore cannot be held liable. For example, a puddle may form in a store or a supermarket because a customer
drops something. The store or supermarket owner may claim that they did not have notice about the hazard. One then needs to show that they did have notice – because someone reported it or an employee admitted seeing it – or that they should have known about the problem , perhaps because it happened in a main aisle or had been there for a long time.

Proving Damages 

To collect compensation in a personal injury case, you need to demonstrate that you suffered damages. The damages might be slight – as in this case where the woman suffered a bad sprain – or significant as in a wrongful death case worth many million dollars. The challenge for a good attorney is to understand the full extent of the damages and to maximize the value of those damages. In the past year, I have settled or won cases for more than $1 million and settled or won cases for under $20,000. In each case, my commitment is to maximize the value for my client. And each case is a new case. Each case has a unique fact pattern and unique circumstances. So the usual legal disclaimer that past results do not guarantee future outcomes holds true. I need to maximize the value of each case based on the merits and circumstances of that case and the needs and wishes of that client.

I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall case, you may want to consult a New York personal injury attorney experienced with injuries in a supermarket. I would be glad to answer your questions and assist you. The consultation is 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
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, each case has a unique fact pattern and circumstances. Past results do not guarantee future outcomes.

All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

Settlement for a Slip and Fall at a Wal-Mart October 13, 2011

Posted by Carol L. Schlitt in New York Law, Premises Liability, Slip and Fall, Personal Injury Law.
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Last November, a woman and her husband entered their local Wal-Mart to do some grocery shopping. While walking in the produce section, she slipped and fell on a spilled liquid, injuring her ankle, knee and shoulder. After rejecting an offer for minimal compensation from the store, the woman asked me to represent her. After conducting an investigation into the matter and building the case, I negotiated a $15,000 settlement for the woman, considerably more than Wal-Mart had offered her directly.

Proving the Liability of the Supermarket

I practice personal injury law in New York and handle many slip and fall cases with a significant number resulting from slip and falls in supermarkets. Slip and falls cases can be challenging. One needs to prove that the store had prior notice or should have known about the dangerous condition. Insurance companies and juries tend to blame the victim, thinking the person who fell should have been more careful. Despite these obstacles, I find it amazing how often spills go unnoticed or refrigeration units leak water. The produce areas of stores prove particularly hazardous if stores do not keep them clean.

In this case, the woman set off to do some grocery shopping at the Wal-Mart with her husband.  They had completed some of their shopping and had moved to the fruit section to pick up some bananas. The woman’s husband pushed a shopping cart while she walked slightly ahead of him. As the woman turned the corner around the fruit stand, she slipped on a liquid on the floor and her feet went out from under her. She fell backward and grabbed the fruit stand to stop her fall. As she did so, she twisted her body and the left side of her body slammed onto the floor. She lay there in pain for a few minutes and then slowly got up with the aid of her husband and another shopper. No one from Wal-Mart came to her assistance.

Our investigation allowed us to build a credible case that the Wal-Mart bore responsibility for the slip and fall and the woman’s injuries.  

Settling the Supermarket Slip and Fall Case  

The legal process in New York can be agonizingly slow and I work very hard to move my clients’ cases as fast as possible. In all cases, I push for as early a settlement as possible recognizing that not all cases can settle early.

The approach I take and used in this case starts with a thorough investigation. I also worked with my client to monitor her health condition and her recovery. I collected her medical records and when her condition stabilized, I prepared a detailed written Case
Assessment for my client. The Case Assessment reviews our ability to prove the defendant’s liability and estimates the value of the damages. The Case Assessment estimates the expected value of the case and the value of the case in settlement. It also reviews how we would present the case in court.

I reviewed that Case Assessment with my client.

After agreeing on the value on the case and the best way to proceed, I prepared a settlement package for the defense. The settlement proposal shares my analysis of the case and makes clear the strength of our case and the thoroughness in preparing the case for trial. It also includes all the records and files the insurance adjuster needs to evaluate the case. This approach presents our case in the strongest possible light and triggers settlement talks.  After some back and forth, the defendant made an offer that met the value of the case and pleased my client. We settled the case for an amount equal to what the woman could have expected to receive had we gone to trial.

I hope you found this information helpful. If you or a loved one has been hurt in a supermarket slip and fall case, you may want to consult a New York personal injury attorney experienced with injuries in a supermarket. I would be glad to answer your questions and assist you. The consultation is 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
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, each case has a unique fact pattern. Past results do not guarantee future outcomes.

All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
 The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

A Trip and Fall in New York City, Do I Have a Case? September 30, 2011

Posted by Carol L. Schlitt in Legal Services, New York Law, Personal Injury Law, Premises Liability, Slip and Fall, Trip and Fall.
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I received a call from a woman yesterday who tripped and fell in Manhattan over the Fourth of July weekend and wants to know if she has a case.

Here is a brief recap of the facts of the case:

The woman and some friends had ventured to the west side of Manhattan so they could watch the fireworks. They stopped at the McDonald’s on 34th Street to buy some sodas and to use the bathroom. When they came out, the woman got caught up in the crowd and tripped over something. She fell hard and suffered significant injuries, including a broken tooth, two cracked teeth and a fractured wrist as well as significant bruising and abrasions.

It is always sad to hear of someone getting hurt and I hope the woman has a full and fast recovery. She wanted to know if she had a trip and fall case.

Trip and fall cases are a type of negligence case. All negligence cases require that a person prove two points:

  1.  That someone else’s negligence caused an incident.
  2. That the incident caused damages.

Damages can take many forms with the most common including pain and suffering, lost wages, and unreimbursed medical expenses. This woman clearly suffered significant damages.

But was it negligence? In this case, the answer is no. The woman does not know what caused her to trip and fall. To prove a case of negligence, we would need to know what caused the woman to fall, who was responsible and that the fall resulted from the  responsible party’s negligence.  This woman did not know what caused her to fall, so we cannot begin to prove a case of negligence.

I have handled many dozens of trip and fall cases in my career ranging from some worth over $1 million to cases worth as little as $5,000. Here are three examples and trip and fall cases due to someone else negligence:

Negligent Design: In a case worth over $1 million, a woman trips on a flight of stairs, falls and badly injures herself. We argued that the fall resulted from faulty design of the steps which did not meet code in their height or depth. In another case settled for $425,000, a woman entered her kitchen and had the cabinets fall on her, resulting in multiple injuries, including a broken ankle that required surgery. We proved that the cabinets were poorly designed and not installed correctly. In a case settled for $135,000 a woman fell on some uneven bricks, the design of which almost guaranteed a bad outcome. Other examples of faulty design include stairway falls resulting from missing or poorly designed handrails, surfaces that are too slippery and misaligned steps.

Creating a Hazard:  In a case settled for $350,000, a woman tripped on some construction debris left on a stairway, fell and fractured her ankle. The defendant created the hazard by leaving the debris on the stairs. In a Brooklyn case settled for $62,500, a company dumped cement on a sidewalk causing a man to trip and fall and injure himself on the hazard they created. I have handled many supermarket and department store cases involving hazards created by employees leaving debris in aisles or leaking water from refrigerators or sprinkler systems in the fruit and vegetable sections.

Failing to Warn of a Hazard: In a case settled for $300,000, a man walking near a construction site suffered an injury when a construction plate rose and fell on his foot. The construction company had failed to secure the construction plate and failed to warn of the hazard. In a case settled for $45,000, an insurance adjuster hurt his ankle falling into an uncovered hole in a garage that the owner had neither covered nor established any warning. In a similar case in Westchester, a truck driver stepped in an unmarked and uncovered drain pipe and cut up his leg.

In all of these cases, we were able to state clearly what caused the person to trip and fall, who was the responsible party and that the trip and fall resulted from a form of negligence. The results of these cases do not guarantee that your case would garner the same results; what is important is recognizing the structure of a trip and fall case.

I hope you found this information helpful. If you or a loved one has been hurt in a trip and fall incident, you may want to consult an experienced New York personal injury attorney. I would be glad to answer your questions and assist you. The consultation is 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
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, each case has a unique fact pattern. Past results do not guarantee future outcomes.

All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

A $120,000 Settlement for Slip and Fall on Ice on the Brooklyn Promenade September 19, 2011

Posted by Carol L. Schlitt in Municipal Law, Premises Liability, Slip and Fall, Legal Services, Personal Injury Law.
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In January 2011, a Brooklyn man out for a walk on the Brooklyn Promenade slipped and fell on an uncleared patch of ice. The incident tore the ligaments in his left elbow and required surgery and months of intensive physical therapy to repair the damage. The man asked me to represent him. I worked with the man to investigate the incident and to evaluate the medical condition. I made a settlement offer to the City of New York and we negotiated a settlement of $120,000 to compensate the man for his injuries.

A Slip and Fall on Ice Case 

It was the first Monday of 2011 and a Brooklyn man went for a walk to get some fresh air and greet the new year. As he reached the Brooklyn Promenade, he found a path cleared of ice and snow so he followed the path. Unfortunately, the path was not properly cleared so as he made his way along the Promenade, the clearing grew more intermittent with ice and snow covering the path. Suddenly, he slipped on some ice. His feet went out from under him and he reached out with his hands to break his fall.

The City of New York owns the Brooklyn Promenade and has responsibility for clearing the ice and snow. We acquired photographs of the scene and filed freedom of information law (FOIL) requests to determine the work performed by the City and its contractors to clear ice and snow from the promenade. We determined that The City had done an incomplete job, thus creating a type of trap for pedestrians. The man had seen the cleared path and believed it would be safe to travel, but as he progressed along the path, the workers had not done a thorough job of clearing the ice and snow. The City had an obligation to clear the ice and snow and the fact that they had done such an uneven job made matters worse. Therefore, we had grounds to hold the City of New York liable for negligence in this slip and fall case.

Evaluating Damages in a Slip and Fall Case 

The damages suffered in a slip and fall case will vary widely depending on the nature of the injury, the required treatment, the outcome after treatment and the impact on the person’s life. I began by interviewing my client about his injury and the impact it had in his life. I then collected his medical records and consulted with a medical reviewer to assess the records and to determine the best way to present them. With the analysis of the medical records complete, I researched similar cases to determine what the courts have awarded for similar injuries and surgery in the past. Just as important is finding what the appeals court has upheld.

Negotiating a Settlement with the City of New York 

I have negotiated dozens of settlements with the City of New York and tried many cases against the City. In addition, I began my legal career as an Assistant Corporation Counsel for the City of New York, so I have a good understanding of how the City attorneys think and handle cases. I respect the work they do and know how best to represent my clients in settlement talks with the City.

With the investigation and evaluation of the damages complete, I prepared a detailed Case Assessment to review with my client. The Case Assessment evaluates the liability of the defense, the value of the damages, and the current value of the case.  It is an important document because it educates my clients about their case and provides the framework for both a potential settlement and a trial.

After reviewing the Case Assessment with my client and receiving his approval, I prepared a Settlement Package to send to the City of New York. The Settlement Package is a key document because it presents the defense with all the information they need to assess the case. The presentation is very important both to make it possible to settle the case and to maximize the value of the case for my client.

I prefer to make the Settlement Proposal prior to filing suit because it minimizes the expenses for all involved and the City frequently has more flexibility to settle a case before a lawsuit is filed. In this case, it took some time to demonstrate the value of the case based on the case researched I chad conducted. After a fair amount of back and forth and consulting with my client, we reached a settlement amount that compensated my client with full value for his case and made him a very happy man.

I hope you found this information helpful. If you or a loved one has been hurt through the negligence of another, you may want to consult an experienced New York personal injury attorney. I would be glad to answer your questions and assist you. The consultation is 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

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, each case has a unique fact pattern. Past results do not guarantee future outcomes.

All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

Settlement for Slip and Fall at a New York Supermarket August 4, 2011

Posted by Carol L. Schlitt in New York Law, Premises Liability, Slip and Fall, Legal Services, Personal Injury Law.
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On a Thursday morning in November 2010, a woman entered a supermarket in Yonkers to do some shopping. While walking near the bakery department, she slipped and fell on some wax paper on the floor. The incident injured her ankle, knee and lower back. The woman asked me to represent her. After conducting an investigation into the matter and building the case, she received a settlement for the full value of the case.

Proving the Liability of the Supermarket  

I practice personal injury law in New York and know that a surprising number of people slip and fall at supermarkets, but that does not mean the supermarket bears responsibility for the injury. Slip and falls can be difficult to prove in court. Insurance companies and juries tend to blame the victim, thinking the person who fell should have been more careful.

In this case, we investigated the cause of the accident and learned that the woman fell because of wax paper tossed on the floor. Given the use of wax paper in the bakery area of the store, the supermarket had an obligation to monitor and keep the area clean. We also learned that an employee had seen another customer throw some wax paper on the floor, but the employee failed to clean it up or warn other customers. Based on this information, we built a credible case that the supermarket bore responsibility for the slip and fall and the woman’s injuries.  

Settling the Supermarket Slip and Fall Case

The legal process can move very slowly and I work very hard to weigh against that trend. I do all I can to squeeze every day out of the process. In all cases, I push for as early a settlement as possible recognizing that not all cases can settle early.

The approach I take and used in this case starts with a thorough investigation. I also worked with my client to monitor her health condition and her recovery. I collected her medical records and when her condition stabilized, I prepared a detailed written Case Assessment for my client. The Case Assessment reviews our ability to prove the defendant’s liability and estimates the value of the
damages. In this case, the damages included pain and suffering as well as some unreimbursed medical bills. The Case Assessment estimates the present value of the case and the value of the case in settlement. It also reviews how we would present the case in court.

I reviewed that Case Assessment with my client. After agreeing on the value on the case and the best way to proceed, I prepared a settlement package for the defense. The settlement proposal shares my analysis of the case and makes clear the strength of our case and the thoroughness in preparing the case for trial. It also includes all the records and files the insurance adjuster needs to
evaluate the case. This approach presents our case in the strongest possible light and triggers settlement talks.  After some back and forth, the insurance company made an offer that met the value of the case and pleased my client. We settled the case for an amount qual to what the woman would have received had we gone to trial.

I hope you found this information helpful. If you or a loved one has been hurt in a supermarket slip and fall case, you may want to consult a New York personal injury attorney experienced with injuries in a supermarket. I would be glad to answer your questions and assist you. The consultation is 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
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, each case has a unique fact pattern. Past results do not guarantee future outcomes.

All content of this site:
© copyright 2010-2011 by Carol L. Schlitt
The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

Settlement for Slip and Fall on Ice in New York City Parking Lot July 26, 2011

Posted by Carol L. Schlitt in Uncategorized, Customer Service, New York Law, Premises Liability, Slip and Fall, Legal Services, Personal Injury Law.
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On Friday morning, January 28, 2011, a student attended class at her New York City-based university. She parked her car in the designated parking lot, yet the footing proved treacherous given the uneven job a contractor had done in clearing the parking lot of ice and snow. The young woman slipped on a patch of ice and fractured her right ankle. The woman asked me to represent her.  After conducting an investigation into the matter and building the case, she received a settlement for the full value of the case.

Proving a Slip and Fall Case in New York  

Slip and falls on ice can be difficult to prove in court. Insurance companies and juries tend to blame the victim, thinking the person who fell should have been more careful or accepted the risk of walking in bad weather. After all, snow and ice are slippery and all of us have fallen at one time or another. If we’re lucky, we get up, wipe off the snow and hope that no one saw us fall.  

Yet there are times when a slip and fall on ice that causes an injury resulted from the negligence of the property owner. Failing to properly remove ice and snow or to fix a condition that creates an ice hazard are common forms of negligence that can lead to an injury. Clearing snow and ice, but in a haphazard or inconsistent way can create a dangerous situation and lead to negligence.

In this case, the contractor responsible for clearing the parking lot did a poor job. We were able to establish a strong case through our investigation that included:

  • Acquiring and analyzing weather forecasts to determine when the last snow fell
  • Establishing that the parking lot had been closed the day before, but inappropriately deemed safe
    to open the day of this incident
  • Assembling photographs to document the condition of the parking lot
  • Collecting witnesses statements on the condition of the parking lot
  • Establishing standards for acceptable snow removal

In this case, we documented the negligence because the contractor had time to clear the parking lot, but failed to do so. The contractor received payment for this very job. The contractor also falsely gave the impression that the parking lot was safe when they re-opened it and designated it safe for parking. We also had enough statements and credible testimony from our client to document the dangerous condition of the parking lot.

Settling a Slip and Fall Case

The legal process can move very slowly and I work very hard to weigh against that trend. I do all I can to squeeze every day out of the process. In all cases, I push for as early a settlement as possible recognizing that not all cases can settle early.

The approach I take and used in this case starts with a thorough investigation. I also worked with my client to monitor her health condition and her recovery. I collected her medical records and when her condition stabilized, I prepared a detailed written Case Assessment for my client. The Case Assessment reviews our ability to prove the defendant’s liability and estimates the value of the
 damages. In this case, the damages included pain and suffering as well as some lost wages and unreimbursed medical bills. The Case Assessment estimates the present value of the case and the value of the case in settlement. It also reviews how we would present the case in court.

I reviewed that Case Assessment with my client. With her blessing, I prepared a Settlement Package for the defense. The  Settlement Package shares my analysis of the case and makes clear the strength of our case and the thoroughness in preparing the case for trial. It also includes all the records and files the insurance adjuster would need to evaluate the case. This approach presents our case in the strongest possible light and triggers settlement talks.  After some back and forth, the insurance company made an offer that met the value of the case and pleased my client. We settled the case and she will receive her payment within six months of the incident.

This case had a positive outcome for my client and my practice. When practicing law, I always ask myself, “What value did I add? How did I add value to the case over and above what another attorney might have done?” I focus on four values in answering that question.

Communication: I work to communicate as frequently as possible with my clients and always respond promptly to phone calls and emails.

Education: Part of my commitment to communication involves educating my clients about the value of their case as well as the workings of the legal process. From the opening Welcome Kit to the Case Closing Report, which explains the timeline from settlement to actually receiving a check, I work to make sure that my clients understand what is happening with their case. I have six standard reports that I provide my clients, and I augment those packages with nearly two dozen additional information packages on everything from preparing for a deposition to the status of their medical records.

Squeezing Every Possible Day Out of the Legal Process: It is not enough to be efficient. It is important to look for every
 way possible to move cases, to fight against the inertia and lethargy of the system. I take pride in the number of cases that I settle within six months of taking on the case as well as complex cases that I resolve in little more than a year.

Maximizing the Compensation for My Clients: The communication, the education and the speed with which I move cases would mean nothing unless I maximize the money my clients receive. Through intensive investigation, detailed legal and financial analysis, years of experience and knowledge of the courthouse, the rigorous and thorough preparation of cases, and fierce advocacy for my clients, I am able to deliver on this promise. Having multiple cases listed among the largest verdicts of the year in the New York metropolitan area documents the success I have in maximizing compensation.

Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.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, each case has a unique fact pattern. Past results do not guarantee future outcomes.

All content of this site:
 © copyright 2010-2011 by Carol L. Schlitt
 The material presented in this blog may not be reproduced or appropriated in any way without the explicit permission of the author.

Settlement of a Slip and Fall Case at Long Island Supermarket April 18, 2011

Posted by Carol L. Schlitt in Personal Injury Law, Premises Liability, Slip and Fall.
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In November 2010, a school teacher entered a Hempstead supermarket to pick up some dinner. While shopping, she slipped and fell on some spilled liquid, injuring her back and knee. Six months later, we completed our investigation of her case and have now negotiated a settlement to compensate the woman for her pain and suffering. The woman is grateful both for the amount of compensation she will receive and the speed with which she will receive it.

The Facts of the Slip and Fall Case Against the Supermarket

Shopping by herself, the woman pushed a cart and put grocery items in the cart. As she entered the soda aisle, her feet slipped out from under her and she landed on her back. The right side of her body hit the floor and the left leg bent behind her.

A manager from the supermarket arrived at the scene but seemed more interested in questioning the victim than offering her assistance. In fact, it was a witness who called 911 to request an ambulance for the woman. After the fact, store employees put up warning signs to let customer know about the spilled liquid.

Our investigation documented the nature and cause of the fall and the fact that there were no warning signs prior to the slip and fall. We identified three independent witnesses, two of whom had taken cell phone photos of the woman on the ground and the accident scene.  We interviewed those witnesses to record their statements and document the liability of the supermarket.

Slip and fall cases can be hard to prove as juries, especially Long Island juries, tend to assign blame to the victims for not taking proper precautions. In this case, the ability to identify three independent witnesses and to produce photos of the scene greatly bolstered our case. Plus, our client proved to be a very credible witness.

Documenting Damages in a Slip and Fall Case with a Limited Injury

The woman who fell contacted me within days of the accident occurring. At the time, she had been to the emergency room. Her immediate concern focused on her knee.

We helped the woman find an orthopedist who could diagnose and treat her for back and leg issues.  X-rays determined that the woman had not suffered any broken bones or fractures, though she did have some soft tissue damage. The treatment with the orthopedist addressed those issues.

Settling a Slip and Fall Case Quickly and for Good Value

Once the woman’s medical status stabilized and the full extent of her injuries became clear, we were able to prepare an assessment of the case. We built a strong case proving the supermarket’s liability. Examinations by the woman’s treating doctors revealed no long-term injuries. We were able to document the injuries she did suffer and the damages those caused. Thankfully, the woman did not suffer any major or long-term injuries as a result of this accident.

After reviewing the case assessment with my client, I presented a comprehensive settlement package to the defense.  The settlement package provides the insurance company with all the information they need to assess the case. The settlement package also made clear the strength of our own case and the ability to pursue it at trial. By acting before we filed a lawsuit, I minimize the expenses for both sides, which made it easier for the insurer to settle the case and maximize the amount my client received.

I negotiated the best possible settlement offer for my client. At every step, I kept my client informed of the offers made and the choices she had.  The woman decided to accept the settlement offer and avoid the delays and time required for a trial.

 We work hard to rigorously investigate and prepare each case and strive to squeeze every day out of the legal process. This accident happened in November 2010 and we reached a settlement before the middle of April, less than six months later.

I hope you found this information helpful. If you or a loved one has been hurt in a slip and fall 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, each case has a unique fact pattern. Past results do not
guarantee future outcomes.

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