$1.75 Million Settlement: How We Secured Compensation After a Slip & Fall on an Icy Stairway
At Tomkiel & Tomkiel, we understand the devastating impact of injuries caused by negligence. Our firm is committed to holding property owners and managers accountable for failing to maintain safe premises. In this case study, we explore a successful premises liability case where our client sustained serious injuries due to an icy stairway.
The Case:
- Plaintiff: A 53-year-old home health aide.
- Defendant: The building owners.
The Incident:
Our client was visiting a condominium complex in December 2009. While descending an exterior stairway, she slipped and fell on a patch of ice, suffering severe injuries to her back.
The incident occurred on a snowy evening, and our client alleged that the property owners and managers failed to adequately address the icy conditions on the stairway. There was evidence that a storm had recently occurred, and the snow and ice had not been properly removed or treated to prevent hazardous conditions.
The Claim:
Our client filed a lawsuit alleging that the property owners and managers were negligent in their maintenance of the property, leading to the creation of a dangerous condition that caused her injuries. Specifically, she claimed that the defendants were negligent in:
- Failing to adequately remove snow and ice from the stairway.
- Failing to implement proper safety measures to prevent slips and falls.
- Failing to warn visitors of hazardous conditions.
The Defense
The property owners and managers countered that the incident was not their fault. They argued that the client had been careless in her descent of the stairs. They also attempted to shift blame, contending:
- The stairway was not a hazard: This argument ignores the very real danger of icy stairways, particularly in the context of a recent storm. It suggests a lack of understanding of basic safety standards for property owners and managers.
- The client's injuries were degenerative conditions, not caused or aggravated by the accident: This defense strategy attempted to minimize the responsibility of the property owners for the accident. It's a common tactic used in personal injury cases, but it often fails when strong evidence supports the connection between the accident and the client's injuries.
Our Approach:
Our legal team immediately recognized the strength of our client's case. We gathered evidence to support her claims, including:
- Photographs and witness statements documenting the hazardous conditions on the stairway.
- Medical records detailing our client's injuries and the extent of her treatment.
- Weather reports confirming the snow and ice conditions at the time of the incident.
- Testimony from experts on premises liability and winter weather safety practices.
The Outcome
We were able to successfully negotiate a $1.75 million settlement on behalf of our client. This settlement included compensation for medical expenses, lost wages, pain and suffering, and future medical expenses.
Key Takeaways:
This case highlights the importance of property owners and managers taking proactive steps to ensure the safety of their visitors. Negligence on the part of property owners and managers can lead to significant financial and personal consequences.
If you or a loved one has been injured due to unsafe property conditions, tell us about your case immediately. We have a proven track record of successfully representing clients in premises liability cases, and we are dedicated to fighting for your rights.
Please note: This case study is for illustrative purposes only and should not be construed as legal advice. Every case is different, and the outcome of your case may vary based on specific facts and circumstances.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. You should consult with an attorney to discuss your specific legal situation.