$500,000 Recovery in New York Premises Liability

Defective Bannister in Stairway

WRSH Partner, Clifford Shapiro obtained a settlement for a 29 year old female who lost her balance and fell down after seeing a mouse on the stairway in her building. As she walked down the stairway she held onto the banister which dislodged and caused her to fall. During her deposition, she testified that poor lighting in addition to the defective bannister caused her accident. The client further testified that she made prior complaints to the owner of the building that the banister moved from side to side and felt unstable.

Through discovery, we were able to find out that there were prior violations for the banister. As a result of the accident, the client was required to undergo surgical intervention in the form of a lumbar fusion at the L5/S1 level in addition to other injuries.

This case settled for the defendants' full insurance policy limits of $500,000 while the case was on the trial calendar.

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