As many as 1 million people in the U.S. suffer from slip, trip and fall accidents annually, according to the Centers for Disease Control and Prevention. Slip-and-fall accidents can result in serious injuries that require compensation for special damages, including medical bills, rehabilitation, lost current and future wages and other types of care as a result of the injury. An individual may also be able to recover general damages, which include compensation for pain and suffering and change of lifestyle. Recently, a New York City resident suffered from a serious slip-and-fall accident that resulted in a monetary award for liability and pain and suffering damages.
As many as 1 million people in the U.S. suffer from slip, trip and fall accidents annually, according to the Centers for Disease Control and Prevention. Slip-and-fall accidents can result in serious injuries that require compensation for special damages, including medical bills, rehabilitation, lost current and future wages and other types of care as a result of the injury. An individual may also be able to recover general damages, which include compensation for pain and suffering and change of lifestyle. Recently, a New York City resident suffered from a serious slip-and-fall accident that resulted in a monetary award for liability and pain and suffering damages.
On March 22, 2007, Andrew Flores, a 46-year-old who worked as a housing case manager at the YMCA in Harlem, was getting onto a subway train at 149th Street when he tripped and fell over the broken wooden board of a subway car platform. His right foot was trapped in the board, which caused his left foot to get caught between the subway train and the platform. As a result, Mr. Flores suffered a torn meniscus, a femoral condyle defect along with loose cartilage, as well as back pain, spasms, decreased range of motion and chronic intractable lumbar radiculopathy.
In 2015, Mr. Flores filed a lawsuit at New York Supreme Court, Bronx County against the New York City Transit Authority. According to court documents, Mr. Flores had to undergo arthroscopic surgery on May 5, 2007. In order to treat his condition, he also had to have Orthovisc injections, narcotic pain medications, epidural steroid injections and a meniscus repair, and was required to use a brace and cane. In 2010, Mr. Flores lost his job due to the severity and debilitating effects of his injuries. Mr. Flores’ orthopedic surgeon and pain management physician testified at trial that his injuries were permanent, and that he will require another surgery in the future as well as an eventual total knee replacement.
At trial, the jurors found the defendant negligent and issued a verdict finding that the wooden board was unsafe and that the Transit Authority failed to correct it. The jurors awarded damages for pain and suffering in the amount of $641,000 ($266,000 for past damages and $375,000 for future damages), as well as 15 years of future medical expenses in the amount of $535,000. The judge ordered a reduction for the 15-year future medical expenses to $315,250 based upon the testimony of what treatments would be needed and the estimated cost of such treatments. The estimated cost for the arthroscopic surgery was about $50,000 and the total knee replacement was about $100,000.
On February 16, 2017, the New York Supreme Court, Appellate Division, First Department, affirmed the jury’s award for both the liability and damages. In a decision by the Appellate Division Court, there was no mention as to the nature of Mr. Flores’ injuries. However, it is stated that the “verdict by the jury was supported by sufficient evidence because the alleged defect in the cover board on the subway platform was not trivial as a matter of law.” The court further stated that Mr. Flores’ testimony describing the defective board, photographs, and the fact that the plaintiff was traveling during rush hour, showed that the board was a hazard.
Individuals who suffer serious injuries as a result of a slip, trip, and fall accident can face damages to their physical well-being and their emotional states of comfort and pleasure. If you are a New York resident who has suffered a serious injury as a result of a slip-and-fall accident, it is important to consult an experienced New York slip-and-fall accident lawyer who can advise you of your legal rights and remedies. The personal injury lawyers of McGuire & Peláez P.C. are experienced in handling trip, slip, and fall accident injury cases that seek special and general damages, including pain and suffering. With our Long Island law office conveniently located in Central Islip, New York we are able to assist the residents of Nassau and Suffolk County, and the five boroughs of New York City, the Bronx, Brooklyn, Manhattan, Staten Island, and Queens, with their personal injury matters. For more information or to schedule a consultation, call our Long Island, New York slip-and-fall accident law firm at 631-348-1702.
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