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Landmark Case 18 Residential Accident

Residential Accident/Failure to Maintain Property

Settlement: $375,000
Attorneys: Charles Cooper/Robert Schall
Facts: On September 29, 2006, a 61-year-old woman was returning from a shopping trip in Philadelphia, Pennsylvania when she tripped and fell on a portion of the sidewalk that was elevated ¾ inch, causing her to fracture her hip requiring surgery to repair the fracture and implant screws followed by another surgery to remove the hardware and insert a prosthetic hip. The Defendant-property owner argued that only a ¾ inch elevated portion of the sidewalk was too minor to warrant liability on their part since Pennsylvania Courts have found that defects under 1½ inches were too small for people to sue for.

Because Cooper & Schall, P.C. aggressively fought the case and hired a life-care planning expert who opined that the Plaintiff would need several accommodations, including building a bathroom on the main floor of her home, due to the Plaintiff’s inability to move about because of her injuries, the Defendant settled the case prior to trial after a lawsuit was filed by Cooper & Schall, P.C.