Situation:
What happens when the stairway is old, dangerous and poorly maintained?
The personal injury attorneys of Lipkin & Apter was hired by a 55 year-old man who was injured when the concrete surface of an outside stairway of his apartment building crumbled and gave way. Our client had previously complained to his landlord on several occasions before this date that the steps to the apartment building were old, dangerous and poorly maintained, but the landlord failed to make necessary repairs.
Our client suffered a ruptured patellar tendon, which is part of what holds the knee in place, and provides stability. Immediate surgery followed by physical therapy was reuqired to repair the damage. He lost three months of work because of his difficulty walking. Lipkin & Apter interviewed eyewitnesses to the fall and hired a licensed structural engineer who testified that the stairway was in violation of several provisions of the Chicago Building Code.
Before Lipkin & Apter was hired, the insurance company for the landlord denied liability, insisting that the cause of our client’s slip and fall was his own carelessness in walking down the stairs. We counseled our client that his case would have greater value at trial than early settlement, but he instructed us to accept settlement.
Successful Resolution: $80,000
Following the expert’s deposition, the landlord indicated a willingness to settle, which Lipkin & Apter was able to achieve for $80,000