The Million Dollar Slip & Fall Lawsuit

[JollyRoger]

Here are the facts:

An 80 year old man is set to give a speech at a club and falls. He files a lawsuit claiming the club failed to provide steps and a handrail to climb onto the dais. As a result, he fell backward as he was attempting to climb the dais, striking his leg on the stage and his head on a heat register.

Plaintiff claims he suffered a large hematoma, or swelling of blood, in his lower left leg as a result of the fall and the hematoma eventually burst. The injury required surgery and months of physical therapy, according to the complaint. He claims to have suffered “excruciating pain” as a result of the injury and continues to walk with a limp, according to the complaint.

The lawsuit seeks $1 million in actual damages, as well as punitive damages.

What is you opinion of such a lawsuit, including the amount claimed?

 

[Trajan12]

If they didn't have proper landscape to at least make sure the man didn't kill himself then they should help him out somehow...a million however is a little much.

 

[ainwood]

Personally, I disagree with such large sums for "punitive damages". Claims should be limited to actual costs incurred.

Secondly, I also advocate personal responsibility. If the club had not provided steps & a handrail, then he should have raised this with the club before he attempted to walk on to the dias. If he in fact did, and the club forced him to attempt to climb on anyway, then the club would have a duty of care to provide for his expenses.

 

[Phlegmak]

Here are the facts:

An 80 year old man is set to give a speech at a club and falls. He files a lawsuit claiming the club failed to provide steps and a handrail to climb onto the dais. As a result, he fell backward as he was attempting to climb the dais, striking his leg on the stage and his head on a heat register.

Plaintiff claims he suffered a large hematoma, or swelling of blood, in his lower left leg as a result of the fall and the hematoma eventually burst. The injury required surgery and months of physical therapy, according to the complaint. He claims to have suffered “excruciating pain” as a result of the injury and continues to walk with a limp, according to the complaint.

The lawsuit seeks $1 million in actual damages, as well as punitive damages.

What is you opinion of such a lawsuit, including the amount claimed?

With no other information than what you provided, I'm siding with ainwood.

 

[Hygro]

Personally, I disagree with such large sums for "punitive damages". Claims should be limited to actual costs incurred.

Secondly, I also advocate personal responsibility. If the club had not provided steps & a handrail, then he should have raised this with the club before he attempted to walk on to the dias. If he in fact did, and the club forced him to attempt to climb on anyway, then the club would have a duty of care to provide for his expenses.

You can limit it to costs, but there is still a debate about which costs to factor. Hospital bills and rehab, of course, and then time spent, years of life shaved off, quality of time, etc. All these things can have a dollar value placed on them.

Because the club probably is trying to argue it owes nothing or next to nothing, the man's claim is fair. This is because a court or a settlement will decide who really deserves what.


Jolly, is he one of your clients? Or is the man still married

 

[StarWorms]

One million is far too much but I think he does deserve compensation to cover any medical bills and/or care.

 

[ainwood]

Because the club probably is trying to argue it owes nothing or next to nothing, the man's claim is fair. This is because a court or a settlement will decide who really deserves what.

Will it really?

How many people "settle" because the legal expenses will be higher than the settlement, regardless of the outcome?

Do juries get to determine the size of the punitive damages? Why are punitive damages generally more about ability of the plaintiff to pay, than the actual damage to the defendent?

 

[Shadylookin]

Will it really?

How many people "settle" because the legal expenses will be higher than the settlement, regardless of the outcome?

Do juries get to determine the size of the punitive damages? Why are punitive damages generally more about ability of the plaintiff to pay, than the actual damage to the defendent?

juries aren't involved in civil lawsuits, it's up to a judge's discretion. many corporations will settle out of court even if they are at absolutely no fault just to avoid the legal hassle.

that said i side with the club on this one, if he couldn't do it he should have asked for help.

 

[GoodGame]

I kind of wonder why he lacked forethought to have refused to climb up to the dais, if it was so obviously not designed for people as handicapped as he was.

 

[.Shane.]

How did he try and get onto the dais?

 

[joycem10]

I dont see this as a puntives case without more background. Was there a history of injuries from the lack of a handrail? Was it in violation of local codes? Where there any other warnings of potential danger. With just the bare facts it does not seem like a punitives case.

What type of jurisdiction are we in, whats the potential jury pool? What the rep of the judge? Can the Defendants remove to federal court or are we staying in state court?

As regards compensatories, the guys 80 so likely no lost income. Whats the status of his medical costs, is he insured, will there be subro issues with the carrier? Is the limit of his compensatories pain and suffering?

Assuming compensatories only for pain and suffering 1 mil seems high. If this was a PA state court case Id look to settle at around 250-300KK or so as a rough estimate, my demand would be around 700K. But Im coming from the defense side and dont do PI work, so my opinion might be a little skewed.

 

[brennan]

Personally, I disagree with such large sums for "punitive damages". Claims should be limited to actual costs incurred.

Secondly, I also advocate personal responsibility. If the club had not provided steps & a handrail, then he should have raised this with the club before he attempted to walk on to the dias. If he in fact did, and the club forced him to attempt to climb on anyway, then the club would have a duty of care to provide for his expenses.

Agreed. These sorts of cases really p me off.

 

[JollyRoger]

Jolly, is he one of your clients?

While I might be willing to take a slip and fall case if the facts were right, I might certainly hesitate before taking the plaintiff in this case as a client of mine:

Robert Bork , the one-time U.S. Supreme Court nominee, has sued the Yale Club for negligence. He is seeking $1 million in damages for injuries he sustained from a fall at the club last year. Here’s a copy of the complaint

Bork was at the Yale Club last June to speak at an event sponsored by The New Criterion, a monthly review of the arts and intellectual life. According to the suit filed in federal court in Manhattan, the club failed to provide steps and a handrail to climb onto the dais. Bork fell backward as he was attempting to climb the dais, striking his leg on the stage and his head on a heat register, the suit says.

The 80-year-old Bork suffered a large hematoma, or swelling of blood, in his lower left leg as a result of the fall and the hematoma eventually burst, according to the lawsuit. The injury required surgery and months of physical therapy, according to the complaint. He claims to have suffered “excruciating pain” as a result of the injury and continues to walk with a limp, according to the complaint.

http://blogs.wsj.com/law/2007/06/07/robert-bork-files-slip-and-fall-lawsuit-against-yale-club/#comments

For those that don't know, Bork has a very conservative reputation and has served with think tanks and other such institutions that advocate tort reform and would find this kind of claim frivolous.

The funny thing is, instead of selecting an experienced plaintiff's trial lawyer, Bork went with a whiteshoe firm that normally doesn't get anywhere near a typical slip and fall case, rarely takes trials to verdict, and rarely represents an individual as a plaintiff against an institution. In my opinion, he would have been better served by choosing competence and experience over pedigree.

My favorite comment from the blog:

This is obviouly a frivolous lawsuit by a powerful member of society that simply was not looking where he was walking. It is outrageous that someone like the famous Mr. Bork, who is a staunch supporter of tort reform, would file such a specious action. Evolution weeds out those humans who don’t look where they are going. Just let natural selection act. These types of suits ought to be outlawed. Who is his lawyer? Probably some liberal trial lawyer out to make millions who would then just help to fund the Democrats for another week. Lets cut all this nonsense out and just let Social Security take care of the good Mr. Bork.

Comment by Tort Reform - June 7, 2007 at 8:15 pm

 

[nivi]

Should the club have put up a big sign:? People who can't climb up, don't!"


Hospital bill, physical therapy, and that's it, and no way can that be 1M$, whatever is the real amount, not that made up BS.

 

[.Shane.]

And so the other shoe drops....

 

[ravensfire]

Without further details - I suspect the case will be laughed at and tossed out.

Is the climb to the dias particularly difficult or dangerous? Bad lighting? Slick? Was there carpeting?

If the actual climb is dangerous, or where a reasonable person might have to exercise significant care, the club could have a tougher position. If there was construction or repair in that area, that might cause the club trouble.

I think Bork has as much chance of winning as Paris has of getting of jail any time soon!

-- Ravensfire

 

[GoodGame]

...but regardless, if I jump off a cliff, or try to swing from a chandelier, does that give me the right to sue?

I can see it "maybe" if they cleaned the floor, and didn't put a sign up that it was wet.

I guess it's just a "reasonable-person standard" kind of case, but it seems a bit silly, whether the person was 8 or 80.

 

[Phlegmak]

He's on Crooksandliars now. I didn't watch the video.

http://www.crooksandliars.com/2007/06/08/tort-reform-bork-sues-for-1-million-dollars/

EDIT: Just watched the video. It has absolutely nothing to do with this case.

 

[JollyRoger]

Funny how often the theories of conservatism like tort reform fail when applied to the real world, kinda like communism.

 

[C~G]

I'm sueing the club for serving me these drinks (which I drank voluntarily) that made me wobble like this.

I got hurt, it isn't right, I want justice.