Settlement for a Slip and Fall in a Bronx Stairway January 23, 2012
Posted by Carol L. Schlitt in Slip and Fall, Stairway Accidents.Tags: New York Personal Injury Lawyer, personal injury settlement, Slip and Fall, Stairway Accident
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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.
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 in a Brooklyn Supermarket January 10, 2012
Posted by Carol L. Schlitt in Slip and Fall.Tags: Fall in a supermarket, New York Personal Injury Lawyer, Slip and Fall, Supermarket Case
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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.
How Lazy and Impersonal Can a Lawyer Be? Insurance Company Responds to a Slip and Fall Case by Using Auto Accident Papers December 16, 2011
Posted by Law Office of Carol L. Schlitt in New York Law.Tags: attorney mistakes, Lawsuit in New York, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, Slip and Fall
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I received some papers in a slip and fall case that are both comical and maddening. In response to a summons and complaint for a case where a woman suffered an injury in a stairway fall, the attorney for the insurance company responded with papers for an auto accident. Here were some of the requests made. Remember this is a trip and fall case.
“Set forth the name and address of the owner and operator of each vehicle involved in the occurrence.”
“Set forth the year, make, model and license plate number (indicating state and year) of each vehicle allegedly involved in the occurrence.”
It’s a trip and fall case. No cars. No vehicles. No license plates. Forget the stilted legalese; it’s laughable that someone could be so cavalier as to not even review the papers he sends out.
What a waste of time. What a waste of money. The insurance industry decries fraud and abuse and blames plaintiffs’ attorneys and victims filing claims for damages. But here’s another example of the insurance company’s own laziness and how it wastes time and money.
How did this happen? The attorney received my summons and complaint for a slip and fall case and relied on a paralegal or an automated system to respond. In either situation, no one cared very much about what they did and no one reviewed what they sent out. They do not view cases as important issues for victims; they are merely processing paperwork.
Let’s admit that no one is perfect and we need to understand that people will make a mistake. Nonetheless, it is one thing to let a typo slip by undetected; it is another thing to use auto accident papers for a slip and fall case. Responding to slip and fall papers with papers meant for an auto accident case could only happen when no one is paying attention.
One of the reasons that I practice personal injury law is that I want to know my client and I want to know the person for whom I fight. The practice of law still depends on personal relationships between a client and a lawyer. This type of work smacks of the most impersonal, bureaucratic practice of law.
I handle cases from beginning to end and prepare all the legal papers myself because I believe that the details matter. Many cases are similar, but each case has a unique fact pattern and we need to pay attention to the details of each case. Two slip and fall cases may be similar, but they will have a different fact pattern and different issues.
I take the practice of law very seriously and work very hard for my clients. It bothers me to encounter such slipshod work. I write this blog piece to get my frustration off my chest and to call out the lazy lawyers. We all need to commit to higher standards for our clients and ourselves.
Carol L. Schlitt
New York Personal Injury Attorney
www.SchlittLaw.com
1-800-660-1466
Carol@SchlittLaw.com
http://NYLawThoughts.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.
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 a Supermarket Parking Lot December 15, 2011
Posted by Carol L. Schlitt in Slip and Fall.Tags: New York Personal Injury Lawyer, ny personal injury attorney, Slip and Fall, Supermarket Case
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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.
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.Tags: Fall in a supermarket, hurt on the job, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, 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:
- That the defendant caused the hazard. In this case, the landlord’s negligence in maintaining the sink area caused the hazard; or
- 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
- 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, Personal Injury Law, Premises Liability, Slip and Fall.Tags: Fall in a supermarket, Lawsuit in New York, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, Slip and Fall
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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.Tags: Fall in a supermarket, Lawsuit in New York, Legal Terms, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, 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:
- That someone else’s negligence caused an incident.
- 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 Legal Services, Municipal Law, Personal Injury Law, Premises Liability, Slip and Fall.Tags: cases against new york city, Lawsuit in New York, municipal law, New York Laws, New York Lawsuit, New York Personal Injury Lawyer, ny personal injury attorney, Premises Liability, Slip and Fall, snow and ice
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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.
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