Practice Area Category: Slip and Fall Accidents
A roofer fell while working in New York. Davis, Saperstein & Salomon, P.C., partner Marc C. Saperstein—who also heads the New Jersey firm’s New York practice—proved that under the New York Labor Law, Section 240, the defendants were responsible for the plaintiff’s injuries. The residential community’s insurance carrier paid him over 3 million dollars for their fault in causing the accident.
The plaintiff was repairing a leak on the roof when his foot slipped on a cold, icy shingle. He fell 20 feet to the ground and did not have fall protection.
The responding Police Department conducted an accident investigation. They uncovered that the weather conditions on the night prior to the accident were very cold, resulting in the freezing cold shingle that caused our client to slip and fall.
He was taken by an ambulance to a New York hospital and was admitted for 10 days. As a result of the fall, our client suffered from a fracture of the distal pole of the patella, a non-displaced fracture of his leg at the left fibular head, fractures of the left first and twelfth ribs, basilar atelectasis (partial lung collapse), and discogenic low back pain. He underwent multiple surgical procedures, including arthrocentesis—or fluid removal—in the left knee, partial removal of his left knee—also known as open partial patellectomy—and left ankle tendon repair. The injured roofer also underwent a procedure called a left knee arthroscopy, where surgeons searched for signs of joint issues. To treat his back injury, he received multiple epidural steroid injections and multiple cortisone injections.
There were life-altering injuries that affected his activities of daily living, along with his physical injuries. Do you or someone you know have similar injuries or circumstances to this one? Our dedicated legal team of over 25 attorneys is here to help. Call now for a free case evaluation or reach out online and we’ll call you back.
Medical Glossary:
Basilar Atelectasis: a condition that happens when you have a partial collapse of the lungs; caused when the small air sacs in the lungs deflate
Cortisone Injections: injections that can help relieve pain and inflammation in a specific area of the body
Discogenic Low Back Pain: a pain caused by chemically or mechanically damaged vertebral discs
Distal Pole of the Patella: the end of the kneecap that is closest to the forearm
Epidural Steroid Injections: a minimally invasive procedure that can relieve neck, arm, back and leg pain; delivers steroids via a needle
Non-Displaced Fracture: a bone that cracks, but maintains its proper position and alignment
In Saddle Brook, New Jersey, an elderly man suffered a traumatic brain injury after he slipped and fell on a ceramic tile at his local gym. Davis, Saperstein, and Salomon, P.C. Partner Samuel L. Davis proved that the fitness center was negligent in failing to maintain a safe environment for patrons, and secured our client a $3,000,000 settlement.
The man had been on a routine visit to his fitness club when he exited the locker room to head towards the pool. While walking, he slipped and hit his head on the tile floor. The Saddle Brook Volunteer Ambulance Corp. Transported him to Hackensack University Medical Center in Hackensack, New Jersey.
The accident caused our client to injure his head and aggravated his pre-existing cardiovascular issues, including coronary artery disease. He suffered a right basilar skull fracture, as well as intercranial hemorrhages and swelling at the front and back of his brain. Since his injuries were irreversible, doctors did not perform surgery on him. Soon after, the man suffered a heart attack and stroke, leaving him partially paralyzed and in a minimally conscious state. The man was soon transferred to long-term hospice care in his home.
Davis, Saperstein, and Salomon, P.C., hired medical experts to serve as expert witnesses. They authored narratives and provided oral and written testimony proving the permanency of our client’s condition. Their reports showed the man’s need for financial compensation, specifically for his medical bills, and pain and suffering. They also helped Samuel L. Davis prove that the heart attack that our client suffered was caused by the accident.
Samuel L. Davis also retained an engineering expert to assess the liability of the fitness club. After analyzing the tiling, the expert found that the steepness of the slope of the tile exceeded building and construction code limitations. The expert also tested the friction of the tile surface and found that it was at a dangerously slippery level. Overall, the expert opined that the client’s accident was a direct result of the club’s negligence in failing to construct and maintain safe tile flooring. Gym-related injury cases are often complicated by membership agreements often unread but signed by new gym members, which give up the right to sue or mandate mandatory arbitration, waiving a jury trial.
Davis, Saperstein, and Salomon P.C., Partner Samuel L. Davis sued the property owners in the Bergen County Superior Court and won our client a settlement of $3,000,000 as compensation for his injuries, pain, and suffering. Since the resolution of this case, this client has tragically passed away.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances, and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Basilar Skull Fracture: A basilar skull fracture occurs when a bone at the base of the skull breaks.
Coronary Artery Disease: Coronary artery disease (CAD) is the most common heart disease in the United States. It is caused by a build-up of plaque in the walls of the arteries that provide blood to the heart. Its most prevalent symptom is chest pain and discomfort.
Intercranial Hemorrhage: An intercranial hemorrhage is a medical emergency, in which blood begins leaking inside the brain or skull. It is usually caused by a blood vessel in the brain bursting. The collection of blood puts pressure on and can damage brain tissue.
Traumatic Brain Injury: An injury to the head that stops the brain from functioning how it did before the injury. They are a major cause of death and disability in the United States, and they most commonly happen while playing a sport or after getting into a car accident. Some of the immediate symptoms are dizziness, confusion, and blurry vision.
While walking on Broad Street in Manhattan, New York City, a man tripped and fell on an elevated curb. He was trying to avoid an area of fresh asphalt on the sidewalk when he tripped on the sidewalk’s curb and fell onto the road. Loose cobblestone on the unfinished road caused him to lose his balance again, and he fell and landed on his elbow. In the New York Supreme Court, Davis, Saperstein and Salomon, P.C., Partner Marc C. Saperstein proved that the construction company was negligent in failing to maintain a safe environment for pedestrians, and secured our client a $3,000,000 settlement.
The client filed a report with the NYSE Medical Unit and went to the Beth Israel Medical Center in New York City for medical care. He suffered injuries to his right arm and was diagnosed with arm neuropathy, and underwent ulnar nerve transposition with flexor pronator slide, multiple platelet plasma injections, and several stellate block injections. Our client also endured months of physical therapy. Injuries to the elbow are extremely painful.
Davis, Saperstein and Salomon, P.C., hired medical experts to author narratives proving the permanent nature of our client’s injuries. The firm also hired a vocational economics expert to determine the past and future financial loss suffered by the client. The expert found that, because the client was unable to return to his work as a security guard, he had suffered a loss in future earning capacity of several hundred thousand dollars.
To prove the negligence of the construction company the firm also hired an engineering consulter. The lawyers need proof that the Defendant failed to maintain safe industry practices. The expert opined that the company violated several industry guidelines, such as by allowing the sidewalk to have a ½ inch height differential without a ramp. He also determined that the loose cobblestone that our client fell on was a tripping hazard that should have been repaired by the defendant.
Despite the filing of an appeal in the Appellate Division of the New York Supreme Court, Partner Marc Saperstein continued his fight, and ultimately settled the case for the same amount.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Platelet Plasma Injection: injections of a concentration of a patient’s own platelets to accelerate the healing of injured tendons, ligaments, muscles, and joints.
Stellate Ganglion Block: an injection of local anesthetic into the front of the neck; used to diagnose the cause of pain in the face, head, arms, and chest
Subcutaneous Ulnar Nerve Transposition: a surgical treatment for ulnar neuropathy at the elbow; moving the ulnar nerve to a position where it is not irritated or pinched.
Ulnar Neuropathy: a disorder involving the ulnar nerve; causes numbness.
A car salesman slipped and fell on a piece of unsecured cardboard put in place by construction workers at his place of employment, leading to knee and back injuries. Davis, Saperstein & Salomon, P.C., partner Marc C. Saperstein proved that the property lessee and it’s two contracted construction companies were negligent in the ownership, supervision, and control of the construction site, and secured a $2,897,500 settlement.
Our client worked on the second floor of a New York car dealership that was under renovation. Employees were forced to exit only through a rear door. Construction workers turned off the lights on the first floor after they left the building. On the day of the incident, our client left the well-lit second floor to exit the building, finding himself in pitch-black on the first floor. Realizing the exit door was locked, he found his way to the side door, and in the process, slipped on a piece of unsecured cardboard, tripped over a nearby hazard and fell. He was taken to a local hospital by ambulance.
Our client suffered injuries to his knee and back, including a quadriceps tendon rupture in his left knee, which required surgery and kept him in the hospital for over a week. About a year later, that same left knee gave out, causing our client to fall and suffer the same injury in his right knee. He once again underwent surgery and remained in the hospital for over a week. The fall also left him with back pain and a herniated disc at L5-S1 and developed cauda equine syndrome, while he was treated with physical therapy and epidural steroid injections to the spine. The pain continued to intensify, and our client underwent an L5-S1 hemilaminectomy and discectomy. Post-surgery, he continued to experience pain and was advised to continue to seek treatment.
Davis, Saperstein & Salomon, P.C., partner Marc C. Saperstein and his team of New York premises liability attorneys retained both a vocational and an economics expert to determine our client’s future financial losses. The vocational expert assessed his work simulations results, age, college education, and past work experience, concluding that he was unable to perform past relevant work, transfer his skills to other types of occupations, or find suitable employment. The economics expert evaluated our client’s past income and determined his future dollar losses.
Economists and employability experts are commonly used in cases to determine future lost wages and the value of a lost career due to an injury.
Do you or someone you know have similar injuries or circumstances to this one? Our dedicated legal team of over 25 attorneys is here to help. Call now for a free case evaluation or reach out online and we’ll call you back.
Medical Glossary:
Cauda Equine Syndrome: a rare disorder that usually is a surgical emergency; something compresses on the spinal nerve roots that require fast treatment to prevent lasting damage
Epidural Steroid Injections: a minimally invasive procedure that can relieve neck, arm, back and leg pain; delivers steroids via a needle
Hemi-Laminectomy Discectomy: a surgical operation where parts of spinal bones are removed
Herniated Disc: a portion of the disc, which acts as a shock absorber for the spinal bones, is pushed into the spinal canal
Quadriceps Tendon Rupture: an injury that occurs when the tendon that attaches the quadriceps muscle to the kneecap is partially or completely torn
A woman was severely injured after slipping and falling down the stairway steps of her apartment building on Overing Avenue in the Bronx, New York. The cause of the woman’s slip and fall was because there was no light switch at the top of the stairs. The client guided herself with the handrail, leading to her overstepping and falling. She was taken by ambulance to Montefiore Medical Center in the Bronx, NY, for medical evaluation and treatment. She suffered a fractured ankle with ligament tears that required reconstructive surgery and an arthroscopic surgery with debridement. Sadly, the woman continued to struggle with tarsal tunnel syndrome and neuropathy.
Davis, Saperstein & Salomon, P.C., Partner Marc C. Saperstein hired medical experts to author narrative reports describing the client’s injuries and their permanent nature. The firm also hired an engineering expert, who examined the steps and concluded that the landlord had been negligent in failing to provide a proper handrail and lighting.
The experts’ reports helped Partner Marc C. Saperstein in his fight to secure the client compensation for her injuries, pain, and suffering, ultimately winning her a $1.6 million settlement.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances and available insurance coverage.
Call us now for a free and confidential case evaluation by our New York slip accident attorneys. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Arthroscopic surgery with debridement: Arthroscopy is a minimally invasive surgical procedure where a small camera and specialized tools are used to diagnose and treat problems within a joint, such as the knee, shoulder, or hip. It allows surgeons to visualize and address issues like injuries or damaged tissues with smaller incisions and a faster recovery compared to traditional open surgery.
Neuropathy: Nerve damage affecting the hands and feet, impairing sensation, movement, gland function, and/or organ function.
Tarsal tunnel syndrome: A condition that occurs when the tibial nerve in the ankle is compressed within tarsal tunnel, which can cause pain, tingling, numbness, or weakness in the feet.
Overing Street in the Bronx, NY.
As she was about to enter her car in a parking lot in Bergenfield, New Jersey, a young mom tripped and fell on a broken curb covered by fallen leaves. Davis, Saperstein & Salomon, P.C., Partner Steven Benvenisti filed suit in the Superior Court of New Jersey, Bergen County, and proved that the town, the lessor of the lot, and the lessee of the lot, were all negligent in failing to properly maintain the curb, winning the client a $1.415 million settlement.
The woman was picking her daughter up from daycare and had just placed the child in the backseat of their car when she tripped on a broken curb. She was taken by ambulance to Englewood Medical Center in Englewood, NJ, for evaluation and medical treatment.
Our client suffered injuries to her neck, back, shoulder, and jaw, and the fall caused several herniated discs in her cervical, thoracic, and lumbar spine, as well as a tear in her shoulder. To treat her back, she underwent epidural steroid injections and medial branch blocks before undergoing spinal surgery. A lumbar spinal cord stimulator was also implanted in her spine. For her shoulder, the client underwent decompression and acromioplasty surgery. She also suffered from temporomandibular joint (TMJ), which led to surgery on her jaw.
Davis, Saperstein & Salomon, P.C., hired medical experts to write narrative reports describing the client’s injuries and their permanent nature. The firm also hired economics experts, who calculated her loss in earnings and estimated the cost of her future medical care. The firm also hired an engineering expert, who found that the curb had been broken for over 6 years. The expert further determined that many concrete slabs were replaced on the same property, while the curb had been neglected, causing the client to trip and fall. The expert, therefore, concluded that the town and others were liable for failing to properly inspect, maintain, and repair the curb.
With the help of these experts, Partner Steven Benvenisti sued the parties in the Bergen County Superior Court and ensured that our client received proper compensation for her injuries, pain, and suffering, in the form of a $1,415,000 settlement.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, P.C., lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances, and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Acromioplasty: A surgical procedure involving the removal of a small piece of bone and soft tissue from the acromion, which is a section of the shoulder blade.
Arthroscopy: A surgical procedure where a small incision is made to insert a narrow scope (called an arthroscope) to allow surgeons to see inside the cut.
Cervical spine: The cervical spine, also known as the neck region, consists of seven bones – C1-C7 vertebrae. They are separated from each other by intervertebral discs. If one of these vertebrae becomes misaligned, symptoms including neck pain, head pain, shoulder pain, and more can occur.
Disc herniation: A disc herniation occurs when a portion of the disc, which acts as a shock absorber for the spinal bones, is pushed into the spinal canal. While some disc herniations may result in no pain or discomfort, others can result in excruciating pain and numbness.
Epidural steroid injections: Epidural steroid injections are a minimally invasive procedure that can relieve neck, arm, back, and leg pain. The steroid calms down the irritated nerve that is causing the pain and swelling. Relief from the injections typically lasts for three months or more.
Lumbar spine: The lower back consists of five bones.
Medial branch block: A type of spinal injection to temporarily block the pain signals coming from the nerves found in the joints of the spine.
Spinal cord stimulator: A medical device that is implanted surgically to help the person manage chronic pain. It sends electrical impulses to areas of the spinal cord that disrupt pain signals.
Thoracic spine: The upper and middle part of the back; consists of twelve bones.
A New Jersey client slipped in a movie theatre bathroom stall, injuring her back. After Davis, Saperstein & Salomon, P.C., partner Marc C. Saperstein proved that the movie theatre negligently failed to properly maintain the bathroom floor, the woman was awarded a $1.11 million dollar settlement.
Our client walked into a bathroom stall of the New Jersey movie theatre when her foot slipped on a “slimy” substance. As she fell, her foot slid under the stall, injuring her back in the process.
Our client suffered injuries to both her back and neck, including cervical disc herniations at C4-C5, C5-C6, and C6-C7 which flattened parts of the spine—the dural sac and the ventral surface of the cervical spinal cord—causing significant pain. As a result of her injuries, the woman suffered from severe cervicogenic migraines, upper back pain, neck pain, and lost range of motion in her neck and back. She underwent multiple epidural steroid injections to the spine, cervical facet injections, numerous MRIs, and a cervical discectomy.
Davis, Saperstein & Salomon, P.C., partner Marc C. Saperstein and his team of Certified Civil Trial Attorneys retained an engineering expert to determine the cause of the fall. Although the movie theatre had taken remedial action to fix the slippery floor problem by the time of the inspection, the expert concluded that the wet substance present on the floor—which was caused by the tile floor’s surface treatment and the soaps used by the movie theatre—created an unsafe condition for movie theatre patrons. The lack of “wet floor signs” added to this danger.
Our client’s life significantly changed because of her injuries. She could no longer work and was rendered totally disabled. The movie theatre’s negligence impaired our client’s ability to fully function as a wife, mother, and homemaker.
Partner Marc C. Saperstein also represented the woman’s husband in a “loss of consortium claim,” designed to compensate a spouse of an injury victim for their loss due to their spouse’s injuries.
Do you or someone you know have similar injuries or circumstances to this one? Our dedicated legal team of over 25 attorneys is here to help. Call now for a free case evaluation or reach out online and we’ll call you back.
Medical Glossary:
Cervical Discectomy: A surgery to remove a herniated or degenerative disc in the neck
Cervical Facet Injections: an anesthetic and steroid are injected into joints in the neck
Cervicogenic Migraine: Pain perceived as occurring in a part of the body perceived in the head from a source in the neck
Disc Herniation: a portion of the disc, which acts as a shock absorber for the spinal bones, is pushed into the spinal canal
Dural Sac: the sac that encases the spinal cord within the bony structure of the spine
Epidural Steroid Injections: a minimally invasive procedure that can relieve neck, arm, back and leg pain; delivers steroids via a needle
MRI: magnetic resonance imaging; a medical examination that obtains an image of the organs and tissues in your body
Ventral Surface: the front of the body; includes the chest, abdomen, shins, balms, and soles