Compensation for Fall in Puddle
WRSMH was able and to obtain a settlement of $500,000 on behalf of a fifty year old worker from the Bronx. The client was delivering a package in the defendant's residential building when he was caused to slip and fall to the ground due to a puddle of soapy water on the hallway floor. As a result, he sustained an injury to his pelvis and aggravated prior back injuries, which ultimately required surgery. Our theory was that the defendant failed to use reasonable care under the circumstances when its employee improperly mopped the location and created the unsafe condition. We further argued that defendant's employee failed to inspect the location and had he done so, the condition would have been corrected prior to the client's accident.
During trial, our client testified that he did not observe the puddle prior to the accident and did not know how long it was present. The defendant denied that it created the puddle. The defendant's porter testified that he properly mopped and left the area clean and dry. The defendant further denied that the accident caused the client's back injuries, maintaining that they were caused by the client's multiple prior accidents and previously diagnosed spinal injuries. Given the questionable liability and disputed injuries, the defendant made no offer of settlement up to the day of jury selection. During trial, following testimony from liability and damages witnesses, the firm was able to negotiate a settlement in the amount of $500,000 for our client's past and future pain and suffering and lost earnings.