A New York woman is to receive upwards of $4 million after the jury awarded her slip and fall lawsuit. The 59-years-old woman brought the suit against her condominium’s management agent and contractor for failure to remove the snow that accumulated on her patio. The woman slipped and fell on the snow and ice on her patio while trying to visit a neighbor.
The condominium’s bylaws stated that the homeowners’ association, through its management agency, was responsible for the removal of snow from the area including the patio. The homeowners’ association hired a maintenance company to remove the snow. Expert testimony elicited at trail showed that at least 2-inches of snow was on the ground at the time of the slip and fall. Other witnesses stated that the contractor had done a sloppy job in removing the snow. The woman suffered debilitating injuries to her back as a result of her fall and is now permanently disabled.
Premise liability cases often involve situations where plaintiffs are injured by a dangerous condition present on property. It is normally the responsibility of the property owner to ensure the safety of the property for others. Here, the ultimate responsibility for the safety of the property contractually resided with the homeowners’ association. The homeowners’ association failed its contractual duty of care when it failed to ensure the removal of snow on the property. In this case, their failure had severe consequences because a woman was disabled as a result of her accident.
Slip and fall cases can sometimes be difficult cases to win at trial. However, with the backing of experts and witness testimony, such difficulties may be overcome. An attorney experienced in premise liability litigation may be integral in ensuring a that a person disabled in such incidents are fairly compensated for their injuries.
Source: Staten Island Live, “Staten Island woman awarded $4M in slip-and-fall lawsuit“, Frank Donnelly, June 10, 2013