Condo Association Pays $440K in Slip and Fall Settlement
Many residents pay top dollar for HOA fees and other costs in order to live in a condominium association with many amenities. As such, they should make sure the premises are clean and free of hazards and other dangerous conditions.
A New Jersey condo association failed to do so, causing a resident to slip and fall and suffer serious injuries. The incident happened in 2018 and the woman was recently awarded $440,000 in a settlement.
The defendant, the owner of a condo complex in Essex County, initially refused to inform its insurance carrier about the claim. The owner even refused to provide information about its coverage, causing the slip and fall lawsuit to take years to litigate. The result was multiple appeals and delays.
The victim lived in a Newark condominium complex known as Forest Hill Terrace. She was injured on June 16, 2018, after slipping on a puddle of water on the laundry room floor. She filed a lawsuit on December 19, 2019, naming Forest Hill Terrace Association and Forest Hill Group as defendants.
The victim, a 53-year-old woman, was a factory worker before the accident. The slip and fall caused her to suffer a wrist injury that required surgery. She will need additional surgery and more treatment in the future. She also underwent arthroscopic surgery for a knee injury. As a result, she was unable to work for three years.
After it was served with the complaint, Forest Hill Terrace Association said it would not put its carrier on notice of the claim. The company did this in an attempt to gain an advantage in settlement negotiations and convince the victim to accept a nominal settlement.
The victim’s lawyer filed a motion to compel the defendants to disclose information about their insurance coverage. The motion was granted in January 2021, with the judge allowing the victim’s lawyer to contact the insurance carrier directly. The lawyer then moved to compel the defendants to tender an indemnification claim to United Specialty Insurance Co. However, that motion was dismissed.
In May 2021, the victim’s lawyer filed a declaratory judgment action against United Specialty, ordering it to provide liability coverage. That case was dismissed four months later. In August 2022, the lawyer brought a separate complaint against the defendants. The personal injury claim then went to arbitration.
On October 10, 2023, a court-ordered arbitrator awarded $700,000 and found that both the plaintiff and defendant were each 50% liable. This put the plaintiff’s potential recovery at $350,000. The plaintiff was considered to be partly at fault because she did not seek medical treatment right away; she waited several weeks to seek treatment after the fall. She also misstated when the accident occurred.
In November 2023, the defendants tendered their claim to the carrier. On April 17, the case settled for $440,000 after two settlement conferences with the judge.
Contact a New Jersey Personal Injury Lawyer Today
In a slip and fall accident, the property owner needs to cooperate. Otherwise, they can cause delays and make matters worse.
A Morristown premises liability attorney from The Law Offices of Michael P. Burakoff can assist you if you have been injured by a dangerous property condition. We focus on providing attentive and effective legal service to our clients. Fill out the online form or call (973) 455-1567 to schedule a consultation.
Source:
propertycasualty360.com/2024/06/04/after-landlord-refuses-to-tender-insurance-slip-and-fall-ends-in-440k-award-414-254630/
