The plaintiff, a 75 year-old woman, was walking to her car after visiting a local shopping mall. As she walked across the pavement to reach her vehicle, she lost her footing after stepping on an unnatural accumulation of ice located in the parking lot of the commercial shopping mall. She was caught off guard and unable to prevent herself from falling. She was in a great deal of pain and required immediate medical attention after the fall. The plaintiff was quickly taken to a local hospital to be evaluated and treated. As a result of the fall, she suffered a broken hip that left in the plaintiff in an incredible amount of pain and severely limited her mobility. The plaintiff filed a claim against the defendant for not maintaining safe conditions on the property.
The plaintiff was prepared to offer evidence at trial that the plaintiff visited a Natick shopping center to purchase sewing materials. As a result of a recent snowstorm, the parking area had been freshly plowed. After parking her car in a marked parking space, the plaintiff exited her vehicle and walked to the mall’s entrance to transact her business. After exiting the mall, the plaintiff walked directly to her car, which was parked beside a large, round, cement base of a tall, overhead lighting fixture. As the plaintiff approached her vehicle, she was caused to trip over a frozen ridge of ice that had been formed by the snowplow. The plaintiff alleged that the property manager and/or the plowing company were negligent in failing to manually remove the accumulation of ice, formed by the plow as it tangentially contacted the rounded cement base.
The plaintiff further posited that the frozen ridge that caused her fall was an unnatural accumulation that would not have existed had it not been for the negligence of the defendants. She argued that a competent property owner would have recognized that the ice was a safety hazard and taken action to remove it in order to keep guests safe from harm.
Despite their initial denial of negligence, the defendant was willing to settle with the plaintiff. The case was settled through pretrial negotiations between the plaintiff’s counsel and the defense. The plaintiff was awarded $140,000 for the broken hip and other injuries that she sustained during the accident.
Have You Been Injured Due To Unsafe Premises?
Find out if you have a case. If you have suffered an injury due to a slip and fall, or other unsafe premises conditions, contact us for a free confidential case review and receive a response within hours, or call (617) 886-0500 . If you need a lawyer outside of Massachusetts, contact us for a referral.