A delivery man for Poland Spring fell down a staircase behind an A&P supermarket, aggravating a previous spinal injury. The staircase was behind the building and was used solely to deliver goods to the storage area for the supermarket. The staircase had accumulated dirt and debris and it had a sign putting the supermarket workers on notice of a dangerous condition.
The sign said, “Safety is not an accident. Clean it up, Wipe it up.” Unfortunately, the sign was not located in an apparent place and although workers in the supermarket were aware of the dangerous condition, delivery people were not notified of the condition. The plaintiff had to be absent from work for a significant period of time and was required to undergo surgery to his lumbar.
The plaintiff did have a previous injury to his spine; however, it was determined that this accident exacerbated this condition. New York Law provides compensation to accident victims for exacerbation, which our New York spinal injury lawyers were able to recover for the delivery man.