$315,000 Recovery in NY Premises Liability Case

Supermarket Premises Liability - Child Injury

$315,000 Settlement obtained for infant who fell from defective supermarket shopping cart.

WRSH associate Joseph Stoduto was able to obtain a settlement which will result in a total recovery of approximately $315,000 on behalf of a nine-month old infant from Staten Island. The young child was riding in the children's seat of a supermarket shopping cart that was being pushed by his parent when one of the front wheel assemblies malfunctioned and broke, causing the cart to tip over and the infant to be ejected from the seat onto the supermarket floor. As a result of the accident, our client suffered a head injury which required hospitalization but fortunately he made an excellent recovery and suffered from no permanent effects of the accident.

Joseph hired a forensic engineer as our liability expert and together they performed an inspection and testing of the shopping cart in question as well as on-site investigation of the store in question. Joseph and our expert were able to prove through forensic evidence that the wheel assembly which malfunctioned had been in a state of disrepair for several months prior to the accident and that the supermarket was negligent in not conducting proper inspections and maintenance of the shopping cart in question. Just prior to the start of the trial, Joseph was able to obtain a settlement which will result in a total recovery of approximately $315,000.

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