Slip and Fall Accident Due To Uncleared Patio of Snow
A woman in Staten Island recently won a substantial slip and fall lawsuitagainst a condominium development. Loreley Pereya Pollak left her condo at 6pm in order to visit a neighbor. As she left her home she slipped and fell on the steps due to the accumulation of snow and ice leading from her patio to the walkway. Pollak suffered severe back injuries from the fall.
A forensic meteorologist testified that two inches of snow had fallen the day before and that there had been some freezing rain early that day. The combination of the two formed a slippery sheet of ice on the patio. According to the by-laws of the condominium, the home-owner’s association was responsible for clearing snow and ice up to the front doors of the condos. The management association had contracted out the snow removal but the contractor had done a poor job, not even salting or clearing the patio of snow and ice.
Slip and Fall Accident Caused Mrs. Pollak to Suffer From Permanent Disability
Pollak is now permanently disabled and had to undergo surgery after having suffered several spinal fractures from the fall. Doctors state that she will experience chronic pain for the rest of her life and will not be able to do activities like prolonged walking, sitting or standing. The jury awarded her $4 million in damages including $2.6 million for future pain and suffering. It was decided that the condominium was 75% at fault and the contractor was 25% at fault.
- Do you think that the damages awarded to the victim were enough in this case?
- The award is considered large for Staten Island and large for slip and fall cases, but some legal sources stated that it was appropriate given the severity of Pollak’s injuries.
- Who do you think SHOULD have been held more liable for the slip and fall injury, the condominium or the contractor?
- Do think that living in an area that was known for snow and ice that Pollak herself was partially responsible for her injuries?
- Should she have been more aware that the walkway was probably slippery due to the weather conditions?
Pollak and her husband testified that there was ice on their patio and that it had not be cleared, salted or sanded. A neighbor across the street also testified that there was snow on the Pollak’s patio. Should this information change who could be held liable for damages?
Consulting a slip and fall personal injury lawyer will help you understand your legal opportunities. David Glenn, a Dallas Personal Injury Lawyer suggests collecting all possible evidences which can be used to speed up the litigation. Atty. Glenn also offers free consultations and case reviews to the victims of unlikely accidents like slip and fall.