Jury Awarded Victim Nearly $11 Million in New York Slip and Fall Claim
In a verdict from nearly one year ago, a New York jury awarded an accomplished musician close to $11 million in her slip and fall lawsuit. Jessica Elkhatib sued Balducci’s in 2016 after falling on black ice in the Scarsdale supermarket’s parking lot. Her lawyer told the NY Post that his client hurt her elbow, fractured her shoulder, “and herniated a disk” in her spine.
Elkhatib was a professional cellist who performed in the orchestras, in concerts, and on television. She was also a veteran orchestra teacher at an elementary school. Her injuries left her unable to play the cello for longer than 10 minutes without experiencing pain and numbness.
In the case, the jury awarded Elkhatib $10.9 million in damages for past and future pain and suffering, past and future lost earnings, and future medical care.
This slip and fall case against a supermarket highlights how important it is to understand who might be responsible when you slip and fall in a parking lot during the winter in New York. If someone’s negligence caused you to fall and get hurt, you might have a legal cause of action that falls into the category of “premises liability.” Some premises liability cases are also called slip and fall cases.
Winter Increases the Risk of Slip and Fall Accidents in Parking Lots
Winter weather increases the risk of a variety of accidents in New York. There are more car accidents, more sidewalk accidents, and, yes, more slip and fall accidents in parking lots. Why?
Ice and snow create slippery parking lot conditions that put everyone at risk of falling and getting injured. There might also be greater-than-usual crowds out shopping for holiday gifts, making parking lots difficult to navigate safely, especially if they are poorly lit. It also gets dark very early during the winter months, which causes reduced visibility in bad weather.
Who is Legally Responsible When You Slip and Fall in a Parking Lot?
Like Elkhatib did in her lawsuit, you might be able to prove that there was a negligent party that caused your slip and fall injury. There are various parties that owe duties. When they fail to act according to their responsibilities, you have negligence. If you can prove that the negligence caused your accident and injuries, you might be entitled to an award of compensation.
If you are wondering who might be responsible for negligence in a slip and fall case, consider the following scenarios that could occur:
You slip on a pile of snow in the middle of your office parking lot and suffer a broken leg and wrist. Who might be liable for negligence and owe you compensation for your injuries?
- The snowplow company
- The landlord of the building
- The owner of the building, including a municipality
- Your employer
- The managing agent
You slip and fall one night in the icy parking lot of a retail store. There are few lights working in the parking lot. Who might be liable for your injuries?
- The owner of the property
- The landlord of the property
- The business owner
- The company responsible for maintaining the lights
- The company responsible for clearing ice
- The managing agent
More than one party might be liable for your slip and fall injuries that occur in a parking lot in winter. Speak to our experienced premises liability lawyers at Levine and Wiss, PLLC, to find out how to move forward with your slip and fall claim.
Our Lawyers Can Help You Collect the Maximum Damages Allowed By Law
You don’t have to be a professional musician to collect substantial compensation for your injuries after a slip and fall accident. Even “ordinary” slip and fall victims can obtain damages that can help with their physical and financial recoveries.
By filing a slip and fall claim, you might be able to obtain damages that compensate you for lost income, medical expense, pain and suffering, and lost future earnings. You don’t want to miss the opportunity to hold the negligent party liable for your injuries. Let us determine who is responsible and chart a course that can get you the outcome you want.
Call Levine and Wiss for a Free Evaluation of Your Slip and Fall Case
Call our lawyers who handle slip and fall cases at 800-GOT-HURT to learn more about how we can help you collect compensation for your injuries. Our lawyers are experienced and handling all types of premises liability cases on Long Island. Call us today for a free evaluation of your slip and fall claim.