$2,250,000 Settlement for Falling Down Stairs at Apartment Building
In a New York case, an apartment tenant slipped and fell down the stairs at her apartment building. The stairs were wet because of a longstanding water leak. As a result of the incident, she sustained serious injuries and required arthroscopic surgery to her shoulder and fusion surgery to her cervical spine at the C5-C6 level. Represented by Block O’Toole & Murphy, she received $2.25 million in compensation.
Court and County
Age and Occupation of Plaintiff
Plaintiff was 58 years old on the date of the accident. Plaintiff was self-employed selling homemade Tamales.
Facts and Allegations
Plaintiff, a tenant on the fourth and top floor of defendant’s residential apartment building, was injured when she was caused to slip and fall down wet stairs within her building. Plaintiff alleged there was a longstanding water leak condition from the roof that had been replaced and repaired by defendant roofing company that was causing water to penetrate the inside of the building including on the subject stairs that lead from the fourth to the third floor. Plaintiff further claimed the building was aware of the water conditions prior to her accident but failed to take any action to repair the water leaks.
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Plaintiff sustained an injury to her neck as a result of the fall. After conservative treatment failed to provide any relief she was referred for an MRI study of the cervical spine which revealed a herniation at the C5-C6 level. The Plaintiff was also experiencing continuing and worsening complaints of pain radiating from the neck to the upper extremities and was diagnosed with cervical radiculopathy. When all attempts at continued treatment failed to provide any relief Plaintiff was recommended for, and underwent, a fusion surgery at the C5-C6 level.
As a result of the fall Plaintiff also sustained an injury to her right shoulder. An MRI study confirmed multiple tears to the right shoulder requiring an arthroscopic surgery. Due to reoccurring complaints, two years after the first shoulder surgery Plaintiff underwent an additional right shoulder surgery and post-surgery injections.
Plaintiff was unable to return to work after the accident and most likely will never work again. Additionally, as a result of these significant injuries plaintiff has been unable to engage in her activities of daily living. Plaintiff testified how the injuries have prevented her from caring for, playing with, and interacting with her young grandchildren who she resides with, which is crushing to her spirit.
The Defendants argued that Plaintiff’s cervical spine injuries and right shoulder injuries were degenerative in nature and not causally related to the subject accident and that all diagnostic studies failed to illustrate any traumatically induced injuries. Further, defendants argued that no further treatment was necessary for any of the claimed injuries and plaintiff can engage in all activities of daily living without restriction.
Plaintiff made claims for past and future medical expenses as well as pain and suffering and loss of enjoyment of life.
The parties negotiated a $2,250,000 pretrial settlement.
This case was handled by Stephen J. Murphy, Esq. and Michael J. Hurwitz, Esq.
Top Compensation for Staircase Fall Victims
The lawyers at Block O’Toole & Murphy are skilled at litigating personal injury cases and have recovered significant results for victims hurt in staircase accidents. Select results include:
- $3,125,000 settlement in a Brooklyn case for a hotel employee who slipped on debris and fell down a flight of stairs
- $2,650,000 settlement for a man who tripped and fell after stepping on a shallow depression on the stairway in downtown Manhattan
- $1,950,000 recovery for a woman who suffered spinal injuries after she fell down a flight of stairs as a result of an on-going water leak
Call 212-736-5300 to speak with a qualified attorney today. We serve both New York and New Jersey.