Oftentimes, people are the victims of inexplicable accidents or the irresponsible conduct of other persons, resulting in significant personal injury. However, while it is not always obvious that the victim has any recourse for financial compensation, there may be some hope. It is important to consult with an experienced personal injury law firm about your options and rights following an accident.
A seasoned attorney will know how to properly investigate your claim to see if you have any remedy.
A textbook example of the importance of proper and thorough investigation is the case of the woman who was injured at a Target in East Harlem, New York, when the Manhattan resident was standing at a parking kiosk on the first floor of a shopping mall and a shopping cart suddenly came flying from above, striking her and causing catastrophic injuries. The culprits were two 12-year-old boys, who had been horsing around on the fourth floor of the parking garage and hurled the shopping cart over the railing. On an initial review of those facts, it would appear that the only responsible parties were the two 12-year-old boys; not defendants you could hope to obtain compensation from. However, after retaining counsel, the victim’s attorneys sued a number of parties, including, among others, the building owner, the shopping center, and the security company overseeing the premises.
Throughout discovery, it was revealed that youths had frequently been seen at the subject location throwing various items over the same railing. In fact, the security company maintained logbook entries, which documented that youths had thrown items like candy, food, rocks, glass bottles, and garbage. There was further evidence that twenty days prior to Hedge’s accident, youngsters had thrown a shopping cart down the escalator at the subject premises. Despite the extensive evidence of youth wreaking havoc, none of the building defendants lifted a finger to remedy the danger or to put up warning signs.
After an extensive trial, a jury held that the building owners were 65% liable, the security company was 25% liable, and the youngsters were 10% liable and awarded nearly $20 million in damages (which was later reduced by the appellate court). (See Hedges v Planned Sec. Serv. Inc., 190 AD3d 485 (1st Dept 2021).
This shopping cart injury case spotlights the importance of the investigation, advocacy, and knowledge of premises liability law.
This shopping cart injury case spotlights the importance of the investigation, tenacious advocacy, and expert knowledge of premises liability law. It is crucially important to reach out to a qualified attorney as soon after an accident as possible so that the investigative process can commence post-haste. Grandelli & Eskenasi has recovered millions of dollars in recovery for premises cases just like this case and can help you navigate your claim. Contact the Grandelli Firm today
