New York Slip and Fall - Premises Liability
WRSMH attorney Bill Hepner obtained a $745,000 recovery for our client who slipped and fell on the landing of a stairway at his apartment building, when rain came in through an open window at the location. Plaintiff claimed that he had complained of water coming in on prior occasions, which the building owner denied. Before his fall, plaintiff had previously used the stairway and had knowledge that there was water on the floor, so defendant claimed that the plaintiff could have avoided the accident. Defendant also claimed that they could not prevent tenants from opening the window and that it could not be locked in case of fire at the building. Bill argued that the fire argument was untrue, and that plaintiff tried to avoid the water but could not. He also argued that the building was responsible for checking the windows when it rains. Despite this, issues of comparative negligence existed. Plaintiff, who had prior neck and back injuries, sustained exacerbations to both his neck and low back. The case failed to settle at a mediation, but was ultimately resolved through follow-up negotiations.