A New Jersey woman was injured when she tripped on a raised slab of concrete outside of her place of employment. Davis, Saperstein & Salomon, P.C. partner Marc C. Saperstein successfully proved that the building owner negligently failed to properly maintain the surrounding sidewalk areas and resolved the case for $1.675 million dollar settlement.
When walking back into the entrance after a break, our client’s shoe caught on a raised paver, causing her to fall and hit the left side of her head, left knee, and left shoulder on the ground. An incident report was filed.
Our client’s injuries included multiple herniated discs in her back and a knee injury. Post-accident, she suffered from back spasms, fatigue, headaches, difficulty sleeping due to pain, a constant feeling of “pins and needles” and swelling in her knee. These injuries caused the woman to walk with the assistance of a cane after the fall. Our client also underwent various forms of treatment, which included multiple surgical procedures to her spine.
Davis, Saperstein & Salomon, P.C. partner Marc C. Saperstein and his team of expert premises liability lawyers questioned the property manager during pre-trial depositions, who testified that the pavers needed to be reset before the accident occurred. The company had received prior complaints concerning wobbly and uplifted pavers throughout the area. Partner Marc C. Saperstein also hired an engineering expert who concluded that the raised edge—created by exposure to the elements, water seepage, and negligent or nonexistent maintenance—made unsafe conditions for pedestrians.
After the incident, the company signed a million-dollar contract to fix the surrounding walkway. Repairs made after an accident are legally known as “subsequent remedial measures.” In general, subsequent remedial measures are not permitted to be mentioned at trial to prove negligence but may be mentioned to prove control and ownership over an unsafe area or condition.
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Arthroscopic Surgery: a minimally invasive procedure that uses a camera to look within a joint rather than opening it completely
Cognitive Injuries: an injury to the part of the brain relating to, being, or involving conscious intellectual activity
Epidural Steroid Injections: a minimally invasive procedure that can relieve neck, arm, back and leg pain; delivers steroids via a needle
Herniated Discs: a portion of the disc, which acts as a shock absorber for the spinal bones, is pushed into the spinal canal
Laminectomies: a surgical operation to remove the back of one or more vertebrae, usually to give access to the spinal cord or to relieve pressure on nerves
Spinal Fusions: surgery to permanently connect two or more vertebrae in the spine, eliminating motion between them