$2,100,000 Settlement
Premises liability – slip and fall on ice (Municipal Property)
Premises liability
slip and fall on ice (Municipal Property)
Supreme Court
State of New York, Bronx County
Settlement
$2,100,000
Alex Shulman & J.J. Hill
Shulman & Hill
The Case
The plaintiff, a 53-year-old home health aide, slipped and fell on ice on an exterior walkway within a municipal residential complex. The ice was caused by a recurring water leak that would freeze when temperatures dropped, an ongoing condition that had been left unaddressed. She sustained serious injuries requiring multiple surgeries.
The Challenge
The defense denied having any notice of the icy condition, arguing there was no way it could have known of the hazard before the plaintiff's accident. On damages, the defense attacked the loss of earnings claim from two directions, arguing that the plaintiff's earning capacity as a home health aide was limited and that her proximity to retirement age minimized any future losses.
The Result
Counsel established proof that the ice resulted from a recurring, unaddressed leak, transforming a difficult notice case into one of constructive notice of a recurring hazard. Counsel also developed the plaintiff's lost earnings and future medical care claims to counter the defense's attempt to devalue her damages.
Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee.