In New York State, a property owner must use reasonable care to keep their property in a reasonably safe condition.
If a property owner creates a dangerous condition on the property or knows about a dangerous condition or should know about a dangerous condition because it can be learned through reasonable inspection, and the property owner fails to fix it or take precautions to prevent people from being injured by it, the property owner is negligent and responsible for any harm caused by the dangerous or defective condition. Negligence is the failure to use that degree of care that a reasonably prudent owner of property would have used under the same circumstances. Negligence is the lack of ordinary care.
Personal Injury Client Falls Due to a Defective Condition and Negligence of the Property Owner
Meg was walking up a wheelchair ramp when it suddenly gave way, causing her to fall through the hole. The property owner was aware that repairs were needed to the ramp but failed to make it safe. The ramp was never closed off from use, and no notice or warnings were provided about the ramp. As a result, after Meg’s injury a lawsuit was filed which alleged that the property owner was responsible for the harm that Meg suffered when she fell through the dangerous ramp.
Client Sustains Serious Injuries in a Fall When a Deck Collapses
Because of the fall, Meg was immediately transported by ambulance to a local hospital. Her foot was turned outward in an unnatural position. She was in severe pain and was diagnosed with a trimalleoler fracture – which is a 3-bone fracture to the lower leg that forms the ankle joint. The bones are the medial malleolus (bone on the inside of the ankle), the lateral malleolus (bone on the outside of the ankle) and the posterior malleolus (bone on the tibia). Meg required surgery consisting of a plate and screws. After surgery she was unable to walk on her leg for six weeks, then had to use a CAM boot and knee scooter for months. She endured many sessions of physical therapy to help strengthen the ankle and at least give her some range of motion back.
The Client Recovered a Settlement for Her Pain and Suffering
After exchanging medical records and records about the property, and after conducting numerous depositions of people with knowledge about the ramp, the matter was finally settled. The financial recovery accounted for all of Meg’s pain and suffering and allowed her to get back to living her life, albeit a life that is more challenging because of an injury that will always cause her pain. But Meg is a fighter. She’s tough. And she’s always finding ways to make the best of her situation.
