Case Type: Westland Premises Liability Injury Settlement
Facts of the Case
Jane McGhee, then 62 years old, was significantly injured when she slipped and fell on ice on the sidewalk outside her apartment due to icy and defective conditions of the sidewalk. The ice had formed from water that had collected and froze on the sidewalk due to the fact that the downspout extender was unattached to the downspout on the day of the incident, leaving the water free to puddle and freeze on the sidewalk.
Types of Injuries and Harm Suffered
- Displaced/subluxed right trimalleolar ankle fracture involving the medial malleolus, posterior malleolus and distal fibula, requiring surgery.
- Scarring of the ankle.
Other Types of Damages
- Pain and suffering.
- Wage loss.
- Medical expenses.
Legal Issues in the Case
- Was the sidewalk nonetheless fit for its intended purpose?
- Was our client comparatively negligent?
- Did the apartment complex have notice of the dangerous condition?
- How much compensation should be paid in a settlement?
What We Did To Win The Settlement
Our premises liability lawyers initiated a claim with the insurer of the apartment complex and provided all relevant photos, medical records, medical bills and wage loss information in support of her claim. We also provided weather reports to demonstrate that at no time in the 24 hours before the incident did the temperature ever rise above freezing and that there was snow on the ground and there was freezing rain the morning of the incident, which evidenced that the management should have been expected to be aware that icy conditions could exist.
Through negotiation with the insurance company, we were able to resolve the matter for $75,000.00 without the need to file a lawsuit.
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