A 61-year-old man who used to be a security guard finally has the compensation that he needs several years after a slip and fall accident caused permanent damage to his spinal cord.
Slip & Fall Lawsuit Filed Against A Contractor
In August of 2013, the plaintiff who was hired through a private security company to work a special night event being held at a university campus, was on his way to the campus gym when he stepped on a rolled black asphalt curb. He tripped on the curb and fell head-first into a barricade that had been constructed around a construction area. He sustained serious injuries including a spinal cord injury. The injury is so severe that he has had to live in a care facility the last four years.
In his complaint, he alleged that the independent contractor who had been hired to construct a new building had taken over a part of the campus road in order to make room for a crane and trucks – however, this wasn’t the issue. The issue was that they constructed the asphalt curb and didn’t take into consideration that it may be a slip, trip, and fall hazard and failed to put barricades or warning signs around the curb.
The jury agreed with the plaintiff and determined that he should be awarded $16.3 million, however, it was also determined that the university was 45% responsible and the plaintiff was 15% responsible, so the total award will be reduced by those percentages.
Why Would The Plaintiff Be Found Partially Responsible?
New York law allows for something called comparative negligence. This means that if it is determined that the plaintiff is partially responsible for the accident which caused them harm, their award will be reduced by the percentage associated with that responsibility.
Premises Liability Lawsuits: A Way For Slip & Fall Victims To Recover Compensation
This recent case is just one of thousands of premises liability cases that have been filed this year because property owners or managers who are supposed to ensure a safe environment for visitors fail to do so.
For example, if a snow removal company is hired to clear the sidewalks and parking lot of a company but they fail to do so in a timely manner, anyone who slips on the snow and ice could potentially file a lawsuit against the company.
A lawsuit can provide the plaintiff with compensation for medical expenses, lost wages, and even non-monetary losses like physical and emotional pain.
What Can I Do If My Loved One Died?
If you had a loved one who died from the injuries they sustained in a slip and fall accident on someone else’s property, you may be able to file a wrongful death lawsuit.
This type of lawsuit is essentially the premises liability lawsuit that the victim would have filed if they had survived the accident. A wrongful death lawsuit can provide the surviving loved ones with compensation for:
- Loss of consortium
- Loss of inheritance
- Funeral and burial expenses
- Any medical treatments that the deceased required before they passed
- Loss of benefits
The family members who are typically able to pursue legal action include parents, spouses, and children of the deceased, however, if another family member was dependent on the victim, they may be eligible.
Banville Law Can Help Slip & Fall Accident Victims
Our law firm has helped hundreds of accident victims in New York get their lives back on track and we can help you. Our goal is client satisfaction and we strive to make sure our clients feel that their questions have been answered and that they can depend on us to fight aggressively for their rights.