In a significant victory for premises liability plaintiffs, our firm secured a judgment of $142,359.86 against a local government entity in December 2024. The case stemmed from a 2018 incident where our client sustained serious injuries after encountering an uneven sidewalk at a government facility.
Case Overview
The incident occurred when our client was visiting a government facility. While walking on a sidewalk maintained by the facility, she encountered an uneven surface with a height difference of approximately one-half to one and a half inches. The hazard was partially obscured by fallen leaves, making it difficult to detect. Our client sustained injuries to her knee, elbow, and hand in the resulting fall.
Key Findings by the Court
The Court’s ruling emphasized several crucial points:
- The government entity failed to conduct a proper investigation of the incident
- The dangerous condition was not “open and obvious” to visitors
- No comparative fault was assigned to our client
- The hazardous condition was under the exclusive control of the defendant
- The defendant knew or should have known about the dangerous condition
Medical Treatment and Recovery
Following conservative treatment attempts through medication and therapy, our client ultimately required surgery. Despite the procedure improving her condition, she continues to experience ongoing effects from the injury. The Court noted that even six years after the incident, our client faces limitations in daily activities such as walking, standing for extended periods, and cooking.
Damages Awarded
The Court awarded damages totaling $142,359.86, broken down as:
- $27,359.86 for medical expenses
- $100,000 for past, present, and future pain and suffering
- $15,000 for loss of enjoyment of life
Significance
This verdict underscores the responsibility of government entities to maintain safe premises for visitors. It also highlights the importance of thorough documentation and prompt medical attention following an accident. The case demonstrates that with proper representation and evidence, victims of premises liability accidents can secure fair compensation for their injuries, even when facing government defendants.
Note: This case summary has been anonymized to protect client confidentiality. Each case is unique and past results do not guarantee future outcomes.