This article reflects the circumstances and legal standards as of 2014. Since then, NewâŻYork premisesâliability law has evolved â for example, the assumptionâofârisk doctrine is now more limited, propertyâowner duty often extends to sidewalks and public access areas, and procedures and notice deadlines remain critical for timely claims.
Discover the sobering reality behind slip-and-fall accidents. Learn about a Bronx grandmother's devastating experience and the $16 million lawsuit against the MTA.On behalf of Tomkiel & Tomkiel posted in Premises Liability on Tuesday, February 4, 2014.
The headline touts the damage award, describing it as âwins $16 million,â as if it were a lottery ticket. Woe unto anyone who is lucky enough to âwinâ anything in this manner. Donât get us wrong, we hope for the best, and while it is technically a win, and better than the alternative, no one ever wants to find themselves in the position of this Bronx grandmother.
Slip-and-fall accidents are often looked upon as not being ârealâ accidents. We all have fallen from time to time, and perhaps because of that, may look less charitably on those who suffer genuine injuries from these types of accidents.
But we assure you, these are very real injuries: people suffer traumatic brain injuries, break their necks and are paralyzed and some die as a result of the injuries sustained in these falls.
This woman stepped into a âgougeâ in the platform near the stairs of the Graham Ave. L subway station in Williamsburg, which she didnât see due to darkness. She fell down the stairs, breaking her hip and suffering a head injury that caused bleeding on her brain.
She suffered seizures, destroying her ability to talk, confining her to a wheelchair and preventing her from returning to work. She now requires around the clock care. Her brain damage is irreversible and degenerative; she will only get worse. According to her attorney, she has moments of lucidity, where she recognizes what has happened and she cries.
The family states they will provide care, as a long-term care facility will only provide for her basic needs, whereas they can provide love. We hope they have a great deal of love, because there are few jobs more demanding than 24-hour nursing care.
Source:Â New York Daily News, âBronx grandmother wins $16 million in lawsuit against MTA for subway slip ,â Dareh Gregorian, February 4, 2014
