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Settlement obtained for client who fell at local mall

When a Buffalo resident fell over construction debris at a local mall and seriously injured herself, attorney Brian D. Knauth, Esq. of Jeffrey Freedman Attorneys, PLLC, helped her seek just and fair compensation for her injuries.  Knauth filed suit for “premises liability” and obtained a substantial settlement arguing that the discarded construction materials caused unsafe conditions in a public place.

“Our client was walking along the sidewalk toward the mall entrance, while nearby, workers for a construction company were building space for a new tenant,” Knauth said.  “Although the construction area itself was fenced in, plastic debris had escaped the fenced area and lay across part of the sidewalk.  While the client was attempting to walk around the plastic, the wind lifted it, causing it to reach out and tackle her to the ground.”

As a result of the fall the client fractured her upper arm, requiring shoulder surgery to repair it. She still suffers pain, loss of strength and does not have full use of the shoulder.  

When the insurance companies refused to make a settlement offer, Knauth filed suit against the mall and the construction company.  After the client gave her testimony and supporting evidence was presented (the incident was captured on video), Knauth was able to successfully negotiate a substantial settlement with the construction company’s insurer for the client’s pain and injury, and incurred medical expenses.