Slip and Fall Attorney Case | Joel H. Schwartz, P.C.Joel H. Schwartz, P.C.

Slip and Fall Attorney Case

Fall on Ice – Hip Fracture – $140,000.00

Reported in the Lawyers Weekly

While walking to the hairdresser, the 58 year old plaintiff slipped and fell. The plaintiff stated that as she stepped onto the cement walkway from the parking lot, she slipped on a patch of ice.

The hairdresser that the plaintiff was visiting is located in a strip mall. The plaintiff admitted that the parking lot was relatively clear of ice and snow, except for a small patch where she slipped and fell. This patch of ice was located under a sign which was hanging from the roof of the building.

Both the tenant and property owner insurers were contacted and notified of the claim. In turn, they opened up their own investigations into the matter.

During settlement, both parties acknowledged that there was an unnatural ice accumulation that occurred where the parking lot meets the walkway. The plaintiff fully believed that the ice was forming on the ground surface due to melting snow which was dripping from the aforementioned sign. But at the same time it was impossible to determine if the plaintiff slipped while in the parking lot, or when she reached the walkway.

There was a lease in effect between the tenant and the property owner. This stated that the walkway was supposed to be maintained by the tenant, whereas the property owner took care of the parking lot. Since there was no clearcut answer as to where the plaintiff slipped, the insurers for both parties would not consider making equal payments as a settlement in the case.

During the accident the plaintiff suffered a fracture to the left femoral neck area. In addition, she also suffered a left hip fracture. This resulted in surgery, and in turn a five day stay in the hospital. Upon returning home, the plaintiff also had to complete a month long physical therapy program. As a result of the injuries, the plaintiff was left with a whole person impairment of approximately 15 percent.

Even though the plaintiff’s counsel attempted to settle the case without moving forward with litigation, this did not work. After the suit was brought forward, the hairdresser’s insurer decided to agree to mediation. The only parties involved in the mediation were the plaintiff and the hairdresser’s insurer. As a result of this mediation, a settlement of six figures was met. This also allowed the plaintiff’s counsel to move forward in discussions with the owner’s insurer.

With the plaintiff’s counsel reaching settlement, it ensured that the plaintiff would not be assessed with any fault in the case. Plaintiff’s counsel recovered $140,000.00 on this difficult ice and snow slip and fall case.

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