After only one and one-half hours of deliberation, a jury unanimously returned a verdict for Todd Drayton’s slip and fall client in the amount of $2.25 million.
The term “slip and fall” or “trip and fall” is a common way of referring to a personal injury case in which a person slips or trips upon a dangerous condition present on the property of another, and as a result, suffers an injury. These cases usually fall under the broader category of cases known as “premises liability” claims because they seek to hold the premises owner liable for the injured parties fall and subsequent injuries.
Of paramount significance is the fact that the fall occurred on property owned or maintained by another party, which means, the property owner may be sued and held legally responsible for the injuries sustained in the fall.
What is considered a “dangerous condition” existing on the property of another? To be honest, the answer to this question is limitless and turns on the facts of each, individual case. For example, a dangerous condition could be something as seemingly small as a tear in carpeting. On the other hand, it may be something a bit more conspicuous, such as a change in flooring, or a change in elevation upon an otherwise smooth surface. Dangerous conditions may also include wet or slippery walking surfaces, narrow stairs, poorly constructed entryways, poor lighting, potholes, sinkholes, broken or cracked sidewalks or roadways and untreated walking surfaces following inclement weather, such as rain, ice, snow or a hidden hazard, just to name a few.
Regardless of the mechanism of injury, the common denominator in all of these cases is that the defect was unknown or unappreciated by the person encountering it, and the victim sustained an injury following the encounter.
Still, in virtually all cases, a person injured in a slip or trip and fall on someone else’s property must prove that the cause of the accident was in fact a “dangerous condition,” and that the owner or possessor of the property knew of the dangerous condition. That knowledge can be actual or constructive, meaning, it existed for a long enough period of time that knowledge of its existence may fairly be imputed to its owner. As alluded to above, a dangerous condition must also present an unreasonable risk to a person on the property (i.e. no excuse it was never remediated prior to the fall), and it must have been a condition that the injured party would not have anticipated under the circumstances. Obviously, this latter requirement implies that people must be aware of, and avoid, obvious dangers.
Because of the myriad number of ways a slipping or tripping hazard may present, each case will depend on whether or not the property owner acted reasonably (or carefully) in rendering the premises safe for individuals invited upon, or otherwise permitted to enter the property. The law requires a landowner to take reasonable steps to render his or her property safe of dangers he knew, or should have known, existed upon the property. By the same token, the law does not immunize those who are careless in not seeing or avoiding the condition that caused one’s fall.
If you have been injured in a slip and fall or a trip and fall on someone else’s property and are considering a legal claim, you should discuss your case with an experienced trial attorney. You must do so quickly, as there are time limits in which injured persons may file a personal injury lawsuit. If you fail to timely file your claim, you will be forever barred from bringing a suit and seek legal redress of your injuries.
Our founder, Todd Drayton, has litigated slip and trip and fall cases for several decades. One such case that Mr. Drayton fondly remembers involved a single mother who was severely injured after falling on black ice in her employer’s parking lot. There were many challenging obstacles during the two-week trial in Paterson, New Jersey, including the fact that the victim had very little medical treatment for an entire year following her fall and only underwent surgery following a second fall and injury to the same leg, one year later. Nevertheless, Mr. Drayton was able to convince the jury that factors outside his client’s control limited her access to the appropriate healthcare – a fact revealed at trial to have been shrouded in discriminatory conduct against his Hispanic client. After only one and one-half hours of deliberation, a jury unanimously returned a verdict in the amount of $2.25 million for his client – and that, after submitting a question to the judge whether the amount of the award was “subject to challenge.”
While the outcome was extremely satisfying, perhaps even more gratifying was the resounding message the jury ended up sending to the insurance company, who took the position that although Mr. Drayton’s client tore the medial meniscus in her left knee, which eventually resulted in arthroscopic surgery to repair, her immediate post-accident injuries were superficial at best. For that reason, the insurance company refused to offer anything more than $1,400.00 to settle the case during the trial. “Thankfully, the jury disagreed,” Mr. Drayton said fondly after receiving the verdict.
To speak to Mr. Drayton about your potential case, contact us immediately. If you need an attorney, contact us immediately. Our firm is wholly dedicated to helping those who have been injured through the negligence of others. With zeal, experience, commitment and a long tradition of excellence in providing top notch legal representation for the injured, the Law Office of Todd Drayton will fight to secure a just resolution on your behalf.
