Premises Liability - Sidewalk Trip and Fall
WRSMH Of Counsel, Brielle Goldfaden obtained a settlement for a woman who tripped and fell on an uneven sidewalk in her neighborhood.
The client tripped and fell over a small depression in the sidewalk directly outside an apartment building owned by the defendants. She was pulling a shopping cart while walking home from grocery shopping and the front of her foot dipped down into the depression and she tripped. She fell on her outstretched arm and suffered a fracture which required surgery.
The parties attended a private mediation at which the defendants argued that the plaintiff’s current complaints about her wrist and arm were not due to her injury, but rather from broken wrist the plaintiff suffered years before her accident. Even though the plaintiff did suffer a prior injury to the same wrist, Brielle argued that the prior injury did not require surgery and that she made a full recovery before her trip and fall accident in 2013. Brielle was able to negotiate a settlement of $150,000.