Regarding slip and fall accidents, proving negligence is crucial in establishing liability and seeking compensation for injuries and damages.
This blog post will delve into proving negligence in slip and fall cases, highlighting the key elements required to build a strong legal case.
Recent Case Settlement Highlight for an NYC Slip and Fall Injury
Case Summary:
In 2018, our law firm was retained to represent Stanley W., who was injured in a fall at a COSTCO located in Westchester, NY. Stan was waiting in the checkout line with a cart of items that he would be paying for, when suddenly, and without warning, a young man employed by COSTCO, and pushing a steel flatbed used to transport items throughout the store struck Stan, causing him to literally go flying in the air, and landing on his back.
When we first met with Stan, he had just been released from the hospital and needed further medical care. Because Stan was a Medicare recipient, we immediately notified CMS/Medicare to open a file. When a Medicare recipient is injured in an accident and then brings a third-party action (a lawsuit), Medicare is entitled to reimbursement to the extent that they pay for the injured recipient’s care, and then there is a recovery in a lawsuit. Stan was also treated by one of the top surgeons in Westchester County, NY.
Case Outcome:
In light of the severe injuries he sustained, Stan underwent a lumbar spinal fusion in July, 2019, consisting of an L4-5 transforaminal laminectomy with interbody fusion and pedicile screw fixation at L4-5, with posterolateral fusion at L2-5 and interspinopous fixation at L3-4 and L2-3. Thereafter, he required physical therapy to heal post-surgery.
After litigating the case for over 2 years, the case went before a Judge in Westchester County Supreme Court for a Settlement Conference, pre-trial. The initial offer to settle Stan’s case was $100,000.00, which was rejected, and after several further conferences, the case ultimately settled for $500,000.00, an amount that Stan was happy with.
We will also introduce Michael J. Redenburg, a renowned personal injury attorney known for his expertise in handling slip and fall accident cases.
– Explain the concept of duty of care, emphasizing the responsibility of property owners or occupiers to maintain safe premises for visitors.
– Discuss how the duty of care varies depending on the relationship between the injured party and the property owner, such as invitees, licensees, or trespassers.
- Breach of Duty
– Explore how a breach of duty occurs when the property owner fails to fulfill their obligation of maintain safe conditions.
– Discuss common examples of breach of duty in slip and fall cases, such as failing to address hazardous conditions, neglecting regular maintenance, or insufficient warning signage.
- Causation and Damages
– Highlight the importance of establishing a causal connection between the breach of duty and the resulting injuries.
– Discuss the types of damages that may be pursued in slip and fall cases, including medical expenses, lost wages, pain and suffering, and future damages.
- Gathering Evidence to Support the Claim of Negligence
- Documenting the Accident Scene
– Guide the immediate steps to take after a slip and fall accident, including documenting the scene, taking photographs of the hazardous condition, and identifying any witnesses.
– Emphasize the importance of preserving evidence, as conditions may change quickly or be remedied by the property owner.
Witness Testimonies
– Discuss the significance of obtaining witness statements to support the claim of negligence.
– Provide guidance on how to approach witnesses, ask the right questions, and ensure their cooperation throughout the legal process.
- Surveillance Footage and Other Evidence
– Explore the role of surveillance footage, if available, in proving negligence in slip and fall cases.
– Discuss the potential value of other forms of evidence, such as maintenance records, inspection reports, and expert opinions.
The Importance of Skilled Legal Representation: Michael J. Redenburg
- Experience in Handling Slip and Fall Cases
– Introduce Michael J. Redenburg as a highly experienced attorney specializing in slip and fall accident cases.
– Highlight his track record of success in building strong cases and securing favorable outcomes for his clients.
- Thorough Investigation and Case Preparation
– Discuss Michael J. Redenburg’s meticulous approach to gathering evidence, conducting comprehensive investigations, and building a strong legal strategy.
– Emphasize his attention to detail in identifying the key elements of negligence and utilizing the evidence effectively.
- Effective Negotiation and Advocacy
– Highlight Michael J. Redenburg’s negotiation skills and his ability to advocate for his clients’ rights and interests.
– Discuss his commitment to obtaining fair compensation for his clients through strategic negotiations with insurance companies or, if necessary, through litigation.
Conclusion:
Proving negligence is essential in building a strong case in slip and fall accidents. By understanding the elements of negligence and gathering compelling evidence, individuals can increase their chances of establishing liability and seeking fair compensation. With the expertise and dedication of an experienced attorney like Michael J. Redenburg, victims of slip and fall accidents can rely on skilled legal representation to navigate the complexities of their cases and pursue the justice and compensation they deserve