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Student breaks elbow, awarded $6 million

November 15, 2017

young-woman-elbow-injury

A premises liability case recently came to a close, resulting in $6 million being awarded to a student who had broken her elbow and arm after tripping over a wire cable back in eighth grade.

The incident occurred on October 4 of 2011 in gym class.

The middle schooler was with classmates on a paved path leading from the school to the athletic fields. She attempted to jump over the cable, which sat across the path 18 inches above the ground held up by two posts, but her right shoe was caught.

The incident resulted in a broken left elbow and arm and has since resulted in three operations. She developed arthritis in her elbow and is unable to fully extend her arm.

The cable that ran across the path was there to keep vehicles from driving onto the fields.

The trial lasted five days and the jury decided the victim was 25 percent liable for the incident, which brought a possible $8 million reward down to $6 million.

This particular lawsuit embodies the true nature of premises liability. When it comes down to the details, a premises liability lawsuit is all about being able to prove an establishment is liable and negligent.

Property owners are legally responsible for removing unsafe conditions within a reasonable amount of time after they are made aware of them or should have known of them. Visitors must also be properly and sufficiently warned of any dangers.

In premises liability cases in New Jersey, those injured are also held to a negligence standard. This is dependent on the actions they were taking at the time of the incident. Were they distracted of their own accord? Did they know of the danger but not adjust their actions accordingly?

When it comes to receiving justice and compensation for a slip and fall incident it is important to have an experienced lawyer on your side. In New Jersey at Hoyt & Hoyt, PC, lead attorney John S. Hoyt has over 35 years of experience with a specialty in personal injury litigation.

Mr. Hoyt was named National Trial Lawyers Association Top 100 Lawyers and has been rated 9.9 [out of 10] by ACCO Attorney Rating Service. He has helped clients recover millions of dollars in verdicts and settlements for injured clients.

If you have been injured in due to the negligence of a property owner you should contact Hoyt & Hoyt, PC. Call 973-828-8187 today to schedule a consultation.

 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

 

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