Justice was recovered for a Bronx resident with prior health issues who was injured after their continuous written reports of a dangerous water condition in their apartment went ignored by their landlord, management, and superintendent. When a slip and fall resulted in further back injury, the victim turned to the experienced slip and fall attorneys Raphaelson & Levine for help.
Our client, a tenant on the first floor located directly above the flat roof of the building garage in a large Bronx Hi-Rise had frequently encountered water seeping into her apartment from the flat garage roof. The poor condition of the water drainage was continually reported to the landlord, management office and super. Unfortunately, her complaints went unaddressed and the condition continued.
On the way to the bathroom the resident slipped and fell on a puddle that accumulated from water that came through the wall, causing a serious back injury. Notably, the victim had a previous back injury due to a prior fall and was in fact deemed disabled. This fall dramatically worsened their back condition and was quite literally the straw, or fall, that broke the back.
Days before trial in Bronx Supreme Court the matter proceeded to mediation before Hon. DiBalsi at National Arbitration and Mediation in Manhattan, NY. After an exhaustive two day mediation the firm prevailed, with partners Andrew Levine and Howard Raphaelson negotiating a $600,000 slip and fall settlement.
This Case Was Won On Several Key Points:
1. Our firm worked diligently with our client’s physicians to establish the causation of the injury, working with radiologists, spinal surgeons and the chiropractor whom treated our client for her prior fall and the current fall. This permitted us to clearly demonstrate that the injury was exacerbated or made worse and thus permitted a successful recovery. When embraced and handled properly a prior injury does not have to be a detriment to a claim but can be solid evidence to establish the new or worsened portion of the injury.
2. Our client had made prior complaints in WRITING. While one's word can be enough, it is often subject to extensive cross-examination and met with an opposing story. Here our client made her complaints by text message which even included photographs. These text messages proved to be powerful evidence when the defendants argued they were unaware of the condition before her injury, a necessary component in proving her case.
We strongly recommend if you are faced with a dangerous condition that you should report it immediately and document it in a manner that can be saved. A written complaint, whether letter, text or email, will often stimulate a proper response from a landlord and will also serve as definitive proof that the complaint was rendered in the unfortunate event that an incident or injury later occurs. If you are making a complaint in person or by phone a follow-up text, email or confirming letter is highly recommended.