$500,000 Verdict for New York Premises Liability

Patron Injured by Pot Hole at Outdoor Flea Market

$500,000 Verdict for patron injured by pot hole at outdoor flea market WRSH Partner obtained a $500,000 jury verdict for a 64-year-old woman who was injured while shopping at an outdoor flea market in a parking lot. While browsing at various items on display, the plaintiff's foot slid down a depression and lodged in a crevice. As a result, she fell and badly fractured her ankle, requiring her to undergo surgery for the insertion of a plate and screws.

WRSH Partner sued the owners of both the flea market and the parking lot which operated at the location during the week, alleging that the parking lot was defective and dangerous for patrons of the flea market. The defendants contended that the lot was reasonably safe; that the plaintiff failed to see an open and obvious condition; and that they had no specific knowledge of the defect.

WRSH Partner was able to prove that both defendants had knowledge of the defect, as they had made numerous prior pot hole repairs to the parking lot, including the area where she fell. Furthermore, WRSH Partner retained an engineer who opined that the parking lot was not safe to walk around and that the defendants used sub-standard repair methods which contributed to the creation of this depression and crevice. WRSH Partner also emphasized that the reason plaintiff did not see the hole, was because she was looking to her right and left at the merchandise for sale. He argued that after diverting her attention to the merchandise it was trying to sell, the defendant should not benefit that she wasn't looking at the ground.

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