When *Kevin first contacted the expert New York personal injury lawyers at Carro, Carro & Mitchell, he was not sure if he had a case. He worked on a delivery truck, and while making a delivery to an apartment building in the Bronx, he slipped on a ramp and fell, fracturing his ankle.
Is It A Case?
Simply falling on someone’s property does not make a case. The law requires that the injured party, the ‘plaintiff’, show that he or she fell because of a dangerous condition, and that whoever is responsible for the property created the condition, knew about it or should have known about it if they were exercising reasonable care, and failed to fix it.
Investigating The Scene
Very quickly after Kevin called Carro, Carro & Mitchell, we went to the scene of the accident, along with a safety engineer. Kevin recalled slipping on a dark area along the right side near the top of the ramp. The ramp was wood, and had been constructed over a set of steps. When we examined the ramp, we saw an area of dark, slimy mold. That area of the ramp was under a fire escape and remained shaded in the shadow of the building throughout the day. After a rainfall, water would continue to drip from the fire escape onto the ramp. Because the building blocked the sunlight, dark green mold had formed on the ramp. It was raining at the time of Kevin’s accident. When the mold on the ramp got wet, it was slimy and as slippery as ice.
The ramp had a handrail on only one side. That’s okay on a narrow ramp, but on a wide ramp that single handrail might be too far away to be of help to someone who was losing their balance. The ramp that Kevin fell on was required by law to have two handrails. We also measured the length and height of the ramp to calculate the slope – how steep it was, and determined that it was too steep and violated Building Code specifications. All of this critical evidence was documented in photographs, to be used at the time of trial.
Investigation + Preparation = Success
Experienced personal injury lawyers know that visiting the scene of the accident can be critically important. A lawyer may uncover crucial evidence that might be changed or destroyed soon after the accident. Examining the scene helps the lawyer picture how the accident happened, allowing him to begin to plan a litigation strategy.
In Kevin’s case, having a winning litigation strategy prepared us to present a powerful case to the jury. We knew we could prove that the building had dangerous conditions on the ramp which caused Kevin’s injury, and that the owner was negligent in failing to make it safe.
Shortly before trial, and after intense negotiations, the insurance company for the building owner made an offer of $1,200,000 – fair and just compensation for Kevin’s injuries.
The Winning Formula
At Carro, Carro & Mitchell, our experienced New York personal injury attorneys know that diligent investigation, thorough legal research and knowledge of the law, and years of experience formulating litigation strategy is the winning formula to obtaining a successful settlement or verdict after trial.
If you have suffered injuries as a result of a slip and fall accident and think you might have a case, call our office today at (212)213-5005 or fill out a contact form to schedule a FREE consultation.
