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Our client was injured after tripping and falling on a rug display in a store at a mall in Hackensack, New Jersey. She was walking to the check-out area of the store when she suddenly tripped on an unsecured stacked rug display that was jutting out into the customer walkway. Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein filed suit in the Superior Court of New Jersey, Bergen County, alleging that the store was negligent in failing to maintain and supervise a safe premises for patrons, and secured the client a $440,000 settlement.
The trip and fall injured multiple parts of our client’s body. Her arm injuries were diagnosed as paresthesias and dyesthesias in her left hand, and damage to the ulnar nerve in the left elbow, which required the client to undergo closed reduction and splinting. She also injured her back, which was diagnosed to be cervical radiculopathy and sprain. Her leg injuries were diagnosed as a displaced spiral fracture of the left humerus and effusion in the right knee. Our client later completed courses of physical therapy to improve her pain and weakness.
Davis, Saperstein & Salomon retained a retail management and safety expert to assess the party responsible for the client’s injuries. Our expert found that the store failed to meet accepted industry-wide safety practices, including proper employee training and removal of tripping hazards, which ultimately caused our client’s fall.
With the help of our expert’s report, Davis, Saperstein & Salomon, P.C. Partner Marc C. Saperstein was able to secure our client a settlement for her injuries, pain, and suffering.
Settlements are often limited by the total available insurance coverage. Insurance company adjusters and their lawyers often defend cases by claiming that a client was negligent and could have avoided being injured by arguing comparative negligence on the part of an injured client; or that their pain and suffering was caused by pre-existing medical conditions or prior injuries. Despite those defenses, the Davis, Saperstein & Salomon, PC lawyers won their client’s injury claim. Each client’s case is unique. Results may differ because of different facts, circumstances, and available insurance coverage.
Call us now for a free and confidential case evaluation. We are also available 24/7 online at our website, www.dsslaw.com.
Medical Glossary:
Cervical radiculopathy: A condition characterized by pain, tingling, or weakness in the neck and arms, often caused by compression or irritation of the spinal nerves in the cervical spine.
Closed reduction: The nonsurgical manipulation or realignment of fractured or dislocated bones to their proper position, typically performed manually.
Damage to the ulnar nerve: Injury or trauma to the ulnar nerve, which runs along the inner side of the arm and controls movement and sensation in the hand and fingers.
Displaced spiral fracture: A type of bone fracture characterized by a spiral or helical pattern along the length of the bone, often resulting from a twisting force and causing displacement of the bone fragments.
Dyesthesias: Abnormal sensations or unpleasant sensations experienced in response to touch or pressure, often described as burning, tingling, or numbness.
Effusion: The accumulation of fluid within a joint or body cavity, often causing swelling and discomfort.
Paresthesias: Abnormal sensations such as tingling, prickling, or “pins and needles” felt on the skin, often caused by nerve irritation or compression.
Splinting: The use of a rigid or semi-rigid device to immobilize or support a body part, often used to stabilize fractures or promote healing.
