Barbara McLean walks with a limp and requires the use of a cane at all times. She tripped and fell as she exited from a Friendly’s ice cream shop located in East Meadow, New York. Her personal injuries led to the lawsuit.
According to Ms. McLean, she tripped on a protruding section of molding and trim, which served as a decorative base to a colonial-style column that had been constructed outside and immediately alongside the entrance/exit door to the ice cream shop. She added that there was a “cracked, depressed, unleveled” doorway threshold in the area where she tripped.
Friendly’s and Spencer Realty Inc., who owns the premises where the ice cream shop was located, denied liability and said they did not create the condition that caused the accident. They also said they did not know of the alleged dangerous condition. They pointed out that the dangerous condition was open and obvious. They also noted that Ms. McLean has been to the ice cream shop numerous times before the incident and, thus, should have been aware of the layout of the restaurant. At the time of the accident, Ms. McLean arrived at the restaurant during the daylight and if there was any obstruction to the doorway it would have been obvious. Furthermore, Ms. McLean admitted that there was nothing blocking her view or hindering her ability to watch where she was going.
A source said it is Friendly’s and Spencer Realty’s duty to maintain the premises in a safe condition. Sources told the representative that Friendly’s and the property owner created the hazardous and dangerous condition as the molding that Ms. McLean tripped on was a post-construction add-on to the door facade. Stanley Fein, a licensed professional engineer, opined that the base molding where Ms. McLean tripped has to be installed after the premises received a certificate of occupancy and would not have been part of the original building plans. This is supported by the fact that the molding does not fit into the brick wall design and by the fact that the molding had to be cut to clear the preexisting pathway curb, and by the fact that it protruded two inches into the exit passageway exit area. The base molding protruded into the exit passage area creating an extreme tripping hazard that came upon the pedestrian as a dangerous and unexpected trap, the insider said.
Friendly’s and Spencer Realty never denied that they created the dangerous and defective condition. They even admitted that the dangerous and defective condition was open and obvious but not criminal and should have been seen or observed by Ms. McLean. If the dangerous condition was open and obvious, then Friendly’s and Spencer Realty failed to maintain the safety of the location as it caused Ms. McLean’s trip and fall accident and the personal injuries, the expert pointed out.
Suffering from physical injuries and being involved in a lawsuit arising from someone else’s negligence is difficult for all. New York Personal Injury Attorneys will stand by you and help see you through your case. They can argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates, with its New York Trip and Fall Lawyers, has convenient offices in the New York Metropolitan area. These Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without an Attorney, you may lose your rights which may cost you a significant amount of money.
Stephen Bilkis and Associates will also recommend New York Injury Lawyers who will help you.