Examples of successful premises liability claims resolved by Faraci Lange
Faraci Lange has successfully resolved thousands of cases for clients since 1968. Here are some summaries of just a small percentage of the premises liability cases that we have handled successfully.
The firm successfully resolved a claim on behalf of an Avon man who was shot in the eye with a BB gun when he was in his neighbor’s back yard. Our client lost vision in the eye that was hit and suffered from settling hyphema (blood in the eye) and anterior chamber hemorrhage caused by the penetration and lodging of the BB. Our client was awarded damages through the neighbor’s homeowners insurance.
Faraci Lange successfully resolved a claim on behalf of a Rochester woman who tripped over a re-stocking clothing rack that was protruding from the bottom of a circular display while shopping at a popular discount retailer. The fall left the plaintiff with a right knee injury that required arthroscopic knee surgery and a left hip injury that required a total hip arthroplasty and two subsequent hip procedures. Our client now suffers from daily pain and will require the use of a cane for the rest of her life.
We successfully resolved a fall claim for a Spencerport woman who injured her spine when she fell down a set of wet and muddy stairs. The client had taken her son to a local interactive exhibit and was descending the steps when she slipped and fell to the ground. It was shown that the steps did not conform to accepted building code standards.
Faraci Lange successfully resolved a fall case on behalf of a Canandaigua woman who was injured when she tripped on a raised asphalt repair patch in a parking lot. It was alleged that the repair contractor failed to take steps to make the patch level with the surrounding surface. The fall fractured our client’s arm and she needed surgery to put in plates and screws.
Faraci Lange successfully resolved a fall case on behalf of a Rochester man who was injured when he tripped on a long table cloth while at an event. It was claimed that greater care should have been exercised to keep the table cloth from posing a trip hazard. The fall caused the client to fracture his femur, necessitating surgery to install a rod and screws.
Faraci Lange successfully resolved a premises liability claim for a Marion woman who was injured when she fell off a deck that was ten feet off the ground. The deck’s railings were improperly constructed containing horizontal railings, but no vertical guards or spindles. The client suffered a T12 complete spinal cord injury from her fall. She underwent an open reduction of vertebral fracture and posterior thoracolumbar fixation from T9 to L4. She has lost function and is paralyzed from T12 down (just above the hips.) She has no function in her legs and has lost the ability to control her bowel or bladder and must catheterize herself every 3 to 4 hours.
Faraci Lange successfully resolved a case on behalf of an elderly client from Perry who was knocked down by two boxer dogs at the residential property of the dogs’ owner. The client had been to the property earlier to purchase garden tomato plants and she returned to ask a question relative to caring for the plants. She stepped out of her car, closed the car door, and took a few steps from her car when the two dogs came bounding from behind the house and proceeded directly to the client and knocked her down. She suffered a fractured right hip, elbow bruises and abrasions and had to undergo total right hip replacement. Although the hip replacement went well, the client continues to suffer pain with extended use. Her pre-accident activities have been restricted and her confidence has been greatly shaken as she fears that she will fall again and injure herself.
Faraci Lange successfully resolved a premises liability claim on behalf of a Rochester man who was injured at a friend’s apartment when he stepped onto the front porch and his left foot went through the decking up to his groin. His knee was wrenched when his foot hit debris situated underneath the porch resulting in a significant left knee meniscal tear and eventually leading to a total knee replacement. The porch was in poor repair and the tenants had complained to the landlord about its condition, although the landlord denied ever receiving complaints from the tenants.
Faraci Lange successfully resolved a claim on behalf of a Canandaigua woman and her husband after she fell on ice on the driveway of her apartment complex. The driveway was defectively designed to allow water to pool and not drain off, such that when the temperature dropped below freezing ice would form in the depression. On the day of the incident there was a light dusting of snow that obscured the ice and the woman fell and suffered a severe patellar fraction. The case was resolved with the help of an expert architect who was able to show the defect in the construction of the driveway which caused the ice to form.
Faraci Lange successfully tried to verdict a case for a Long lsland man who sustained a serious knee injury when he fell in the handicapped parking area of nearby College. The young man had had knee surgery from which he was recuperating and attended physical therapy three times a week at the College. Because he was on crutches, the College gave him a handicapped parking permit and directed him to the spaces behind the gymnasium. Several days after a snow fall, he parked in the handicapped space to which he was directed only to find that it had been completely neglected by the snow removal staff. The young man tore the meniscus in his uninjured knee when he fell in the icy lot.
Faraci Lange successfully resolved a case during jury selection brought on behalf of the Estate and surviving wife and children of a Rochester man who slipped and fell on existing black ice in the parking lot of the defendant hotel where he had been staying. He struck the ground with his head and died as a consequence of a brain injury. The claim was based on the fact that the hotel had notice of the dangerous condition and did nothing to remedy it.
Faraci Lange successfully resolved a case brought on behalf of a man who had slipped and fallen on some loose floor tiles in a gas station where he had just made a purchase. He sustained soft-tissue injuries, which were superimposed on preexisting degenerative arthritis and spinal stenosis, which had not been causing any symptoms or disabilities. The combination of injury superimposed on the preexisting condition caused a chronic permanent pain syndrome to develop, which significantly disabled the plaintiff. The claim was based on the fact that the condition of loose tiles had existed for a long period of time and had not been corrected.
Faraci Lange Faraci Lange successfully prosecuted a claim on behalf of a Greece resident who sustained serious injuries as a result of a defective and dangerous entryway to a public building. As a result of the dangerous entryway, the person fell and sustained a cervical fracture.
Faraci Lange successfully resolved a case for a Victor woman who severely injured her sacroiliac joint when she fell in a newly renovated local arena because it was not constructed in accordance with the renovation plans and specifications. While walking with her children on a crowded walkway she fell into a deep drop off immediately adjacent to the walkway. The renovation plans and specifications had no such drop off because, as the defendants admitted, it would create a falling hazard. As a result of her injury, she has constant pain and is disabled from the career she loved.
