Recently I settled a case that was very unique in terms of its factual pattern. A client was walking and had slipped and fallen on some ice at a location where we could possibly prove that the ice condition was existing for a period of time. I contacted an expert witness who was a local meteorologist and had him put together a report for me indicating when he thought the ice would have formed so we could show that there was constructive notice of the condition. Unfortunately, unrelated to our accident, my client passed away. In our cases we have the burden of proof. Our burden of proof means we have to prove that it was the ice that caused our client to fall and get injured. It’s also up to the client to testify along with the doctors as to the nature and extent of the injuries.
When the client passed away, we were left with a factual pattern that was difficult. It was difficult to prove that it was the ice that caused her to fall because she had not yet testified. I was able, through circumstantial evidence and the effective use of experts and the use of witnesses who were able to testify about seeing her fall, to make the argument that it was the ice that caused her to fall. Although the insurance company decided that they were not going to pay anything in this case, we were able to convince them that if we were able to get in front of a jury that the case would be successful and we were able to settle that case for over a half million dollars.
If you were a victim of a slip and fall accident in New York, contact our experienced Buffalo Slip and Fall Lawyers for a free consultation. Let our experience work for you.