Premises Liability: Hole

 

Continued from Litigation Media – Portfolio


Summary: To conduct a detailed accident-scene analysis and investigation, and produce a technical illustrations that demonstrates where, how and why this accident occurred

Result: The plaintiff received a substantial out-of-court settlement with the property owner’s insurance carrier


Contents

(1) Background

(2) My work on this project

(3) The results

(4) The presentation I created


(1) Background

Stepping off the sidewalk in front of a Starbucks at night in a dimly-lit shopping center, the plaintiff inadvertently stepped into a large hole in the abutting parking lot surface, that he could neither see nor avoid. The accident tore the tendon/ligament on the outside of the victim’s ankle and severely aggravated a prior medical condition that produced chronic musculature pain and fatigue.


(2) My work on this project

To prepare for trial, I:

  • Conducted a detailed accident-scene analysis and investigation
  • Took an extensive array of daytime and nighttime scene photographs
  • Produced a series of technical illustrations and photo-analyses to demonstrate where, how and why this accident occurred

(3) Result

With the aid of this presentation, a pre-trial settlement was obtained from the defendant’s insurance carrier.


(4) The presentation I created

The Overall Scene

The document below presents a graphic-and-photo analysis of the overall scene by day, and night.  The key point is that at night, this section of the shopping center in question is extremely dark, as there are no lights anywhere in the vicinity:
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Overall Scene by jonsutz


Close-Up Of Scene

The document below focuses on the hole by day and night, demonstrating that it would have been impossible for a person standing on the sidewalk to see or avoid stepping into it:
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Closeup of Scene by jonsutz


How The Accident Happened

The document below shows how the plaintiff and his witnesses allege the accident occurred:

How the Accident Happened by jonsutz

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