400,000 Recovery - NY Premises Liability

Man Struck By Falling Chain Link Fence

Kenneth J. Halperin recently obtained a $400,000 settlement for a 38 year old man who was struck by a fence that was protecting a construction site from a New York City Street. Plaintiff was walking by the site on a windy day when the fence blew over and struck him in the shoulder and head. Plaintiff walked to the end of the block and called an ambulance. He was treated and taken to a hospital. By the time the police arrived, however, the workers had already fixed the temporary fence and denied that it ever fell. We convinced the defendants, however, that this testimony was not credible since according to our expert the temporary fence could be fixed within 30-60 seconds. Further, we convinced them that since plaintiff received treatment for injuries right near the site it was implausible to believe that his accident happened any other way.

As a result of the accident, our client sustained a partially torn labrum in his shoulder which required two arthroscopic procedures and a herniated disc in back for which he underwent epidural injections and physical therapy.

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