While at a resort, a magazine’s project manager slipped due to a puddle of rain and she fell on the patio and injured her knee. The magazine manager then sued the resort owner, operator and the resort as an entity. She claimed that they failed to keep their premises in a safe condition and they were the ones who were responsible for the condition that caused her fall as reported by the New York Law Journal in a May 20, 2013 news article. Furthermore, she also claimed that the patio was poorly lit at the time of the accident and there were no warning signs on the patio at the time she injured herself. However, the resort manager claimed that there were warning signs on the patio.

The manager’s associates who were at the resort but did not see the accident testified at trial and their testimony conflicted with each other as  to whether there were warning signs present on the patio or not.

The resort owner, operator, and the resort as an entity, argued that there were warning signs at the time of the accident and the accident was caused by the rain, thus they were not the ones who caused the rain. As a result, they are not negligent. They also argue that the injured party was drunk at the time of the accident so she was unable to proceed with care and caution. The case was settled and the manager received close to two hundred thousand dollars for her injuries.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.