. .

Invest in your success.
JVRA helps lawyers win cases by providing critical information you can use to establish precedent, determine demand and win arguments.

ARTICLE ID 186153

$________ – PREMISES LIABILITY – FALL DOWN – SLIP AND FALL ON WATER POOLING ON RESTAURANT FLOOR – WOMAN COLLECTS AFTER SLIPPING AND FALLING ON WATER IN NEW YORK RESTAURANT – FAILURE TO WARN, REMEDY, OR PLACE MATS ON HAZARDOUS AREA OF POOLING WATER – FRACTURED ELBOW TREATED WITH OPEN REDUCTION AND FIXATION.

Supreme Court of New York, New York County

In this slip and fall action, a woman suffered a broken elbow after a slip and fall on water puddle in a restaurant. She brought suit against the defendant restaurant for premises liability. The defendant denied liability on the grounds that they lacked notice to clean up the subject puddle.

On July 29, ________ the plaintiff was a customer at the defendant Trata Estiatorio in Southampton, New York. While passing through the bar area on her way to the dining area, the plaintiff slipped and fell on a pool of water. The plaintiff sustained a fractured elbow. The injury was later treated surgically through an open reduction and fixation.

The plaintiff filed suit in the Supreme Court of New York, New York County (the location of the restaurant’s owning company) for personal injury, naming the restaurant and its owner, Watermill 27 Partners, LLC. The plaintiff sought recovery of medical specials and pain and suffering damages sustained through the alleged negligence of the restaurant in failing to provide warnings or remediation for the hazardous condition of their floor. The defendants offered $________ for pretrial settlement. The plaintiff gave a demand for $________.

The plaintiff argued at trial that the area where the plaintiff fell was often wet, and that the defendant therefore had prior notice of the hazardous condition. The defense contested this, arguing that the water was an isolated incident, and they had not received timely enough notice to clean it up. Adjacent to the wet floor, the plaintiff showed, was a sink with a glasses rack as well as a rusty refrigerator.

The plaintiff’s expert witness stated that from the rust one could infer that water had been accumulating there over time. It was further argued that according to the design of the restaurant, it was necessary for customers to pass by the bar area to reach the dining area. As such, the alleged area was argued as being hazardous.

The defense did not dispute the absence of mats in that area, or that the plaintiff did fall on water and was "soaked" thereafter. At the conclusion of the five-day trial, the jury returned a plaintiff’s verdict, awarding her $________ for her medical expenses up to the time of verdict. She was further awarded $________ for her past pain and suffering, and $________ for her future pain and suffering, including permanent disability due to her injury.

To read the full article, please login to your account or purchase

5 ways to win with JVRA

JVRA gives you jurisdiction-specific, year-round insight into the strategies, arguments and tactics that win. Successful attorneys come to the table prepared and use JVRA to:

  1. Determine if a case is winnable and recovery amounts.
  2. Determine reasonable demand for a case early on.
  3. Support a settlement demand by establishing precedent.
  4. Research trial strategies, tactics and arguments.
  5. Defeat or support post-trial motions through past case histories.

Try JVRA for a day or a month, or sign up for our deluxe Litigation Support Plan and put the intelligence of JVRA to work for all of your clients. See our subscription plans.