Unsafe conditions at a business or private property demonstrates a lack of security for guests and indicates the owner’s indifference to making the premises safe. Learn more about premises liability claims and how you can be compensated for your injuries.
Pothole Slip & Fall
Recovery for a young man who suffered a fracture of the lower extremity requiring surgery when he tripped and fell in a pothole in the parking lot of his apartment complex. The Defendant denied any liability for the injury claiming the client was aware of the pothole and should have avoided. Likewise, Boughter Sinak, LLC filed suit and took multiple depositions of the Defendant’s employees, including the property manager who admitted that she considered the pothole a hazard and it should have been fixed. Boughter Sinak, LLC retained a medical expert and a nurse legal consultant who provided a cost projection for future medical care.
Pub Gunshot Wound
Recovery for a client who suffered an injury to his abdomen when he was accidentally shot at a local pub. The defense denied liability claiming that the pub did not breach any duty of care to the client because they scanned each patron entering with a metal detector wand. Notwithstanding, several depositions were taken that established a question of fact existed whether any wands were used that day because the same did not have batteries. In addition, extensive discovery revealed multiple prior police runs and shootings that had taken place both inside and outside the pub.
Injured While Intoxicated | Premises Liability
Combined settlement for a young man who suffered massive injuries, including a traumatic brain injury, following a hit and run accident after he was dropped off by a shuttle service owned by a well known club. Boughter Sinak, LLC argued the club violated Indiana law by serving the young man while he was visibly intoxicated after purchasing 120 shots of alcohol. Boughter Sinak, LLC was able to establish through discovery that the Defendants' own employee handbook failed to provide any guidance whatsoever to its employees regarding Indiana law which prohibits the selling of alcohol to visibly intoxicated persons. In addition, Boughter Sinak, LLC argued that the Club assumed a duty to safely transport the young man to his residence and not drop him off in the middle of a dark street while he was unable to care for himself due to his state of severe intoxication. The case was hotly contested with the Defendants retaining multiple lawyers from four different law firms throughout Fort Wayne and Indianapolis and included a separate declaratory action where the club's van insurer denied coverage and filed a Motion for Summary Judgment. The target defendant did not carry general liability insurance adding difficulty to the resolution of the case. Notwithstanding, nearly a dozen depositions were taken, including the van driver, a waitress, club security, and other club personnel. Boughter Sinak, LLC retained a leading toxicologist from New York City to establish that the Plaintiff would have been exhibiting signs of intoxication well before being dropped off by the van and would have been unable to care for himself at the time he was dropped off. A physician from Indianapolis specializing in emergency medicine was retained to rebut any argument by the defense that Plaintiff's injuries could have occurred due to a third party criminal attack since no one had actually witnessed the young man being struck by a vehicle. An economic expert, vocational expert and life care planner were also retained to assist in the prosecution of Plaintiff's claims. Given the extensive work up of the case, Plaintiff's counsel was able to convince the van insurer to contribute substantially to the settlement of the claim. While the young man was uninsured at the time of the incident, Boughter Sinak, LLC also successfully argued that his cousin's automobile insurance coverage applied because he resided with his cousin at the time of the incident. This resulted in a $100,000.00 settlement, representing full policy limits for uninsured coverage, under the cousin's automobile insurance policy. Notably, Boughter Sinak, LLC was retained after a prominent Fort Wayne law firm was terminated by the Plaintiff as a result of their unsuccessful efforts in prosecuting the claim.
Recovery for the Estate of a young man who was fatally shot inside a local bar in Fort Wayne, Indiana. The defense argued that the decedent was involved in gang related activity and that the bar breached no duty to the decedent. Extensive discovery revealed multiple police runs and prior shootings in and outside of the bar. In addition, witness testimony revealed that no metal detectors or any other devices were used to detect and prevent guns entering the bar.
Shot in Bar Parking Lot | Premises Liability
Settlement in a third party criminal attack case where a man was shot in the leg in the parking lot of a local bar. Boughter Sinak, LLC argued that the bar failed to provide adequate security and lighting in the parking lot. After extensive investigation, Boughter Sinak, LLC was able to establish that several other prior criminal attacks had occurred at the bar, including a prior shooting. Likewise, Boughter Sinak, LLC was able to convince the insurer to settle the claim without having to file a lawsuit.
Wet Floor Slip & Fall | Premises Liability Case
Settlement for a slip and fall at a national donut chain restaurant. The Plaintiff slipped and fell on a puddle of water inside the store as he was going to place an order for a free coffee. As a result, he suffered a neck injury, which required pain management. After litigating for nearly one year and obtaining an Affidavit as to causation from Plaintiff's treating physician, as well as an estimate from a certified life care planner regarding future medical care, the case was successfully resolved at mediation.
Icy Parking Lot Results in Slip and Fall
Client slipped and fell on ice in the parking lot of a medical facility, resulting in a badly fractured ankle. The landowner and snow removal company denied all liability and a lawsuit was filed. After extensive litigation, including multiple depositions of the employees of the medical facility and snow removal company, Boughter Sinak established that one hour prior to our client’s fall, someone else had fallen, and then the nurses who attempted to assist client up from the ground also fell while on their way to assist. At mediation, the target defendant offered $30,000.00, which was swiftly rejected, ending the mediation session early. Within a few months of mediation, the cases settled against all parties for a combined $230,000.00, representing the fair value of the claim.
Shoulder Injury from Defective Grate
Client suffered a shoulder injury as the result of stepping on a defective grate on the premises of a third party while working within the course and scope of his employment. The landowner denied liability and suit was filed. Boughter Sinak, LLC aggressively represented the client enabling him to recover over $55,000.00 in workers' compensation benefits and $80,000.00 in his premises liability action for a combined monetary recovery of just over $135,000.00.
Injured Nursing Assistant Unable to Return to Work
Recovery for a certified nursing assistant who tripped and fell at her patient’s home. The patient’s daughter had placed a box directly outside of her bedroom and the client tripped over the box injuring her shoulder. Unfortunately, the 56 year old CNA, was unable to return to her job because she could not lift over one pound given the lack of strength in her upper extremity. The defense contested liability; however a deposition of the defendant revealed that the CNA had worked at that home for 6 years and never before did the daughter ever place anything directly outside the bedroom door. Boughter Sinak, LLC retained a vocational economist who opined that there was no reasonable employment given her shoulder injury. After litigating for nearly one year, the case settled at mediation. In addition, Boughter Sinak, LLC recovered $70,000.00 plus all medical bills paid for the client for a total payout of over $345,000.00.
Desk Chair Injury | General Negligence Settlement
Settlement for a woman who while attempting to sit down in her chair at work, fell face forward hitting her head on her desk because the carpet underneath her chair had bunched up and caught the wheel of her chair. Boughter Sinak, LLC represented the client in both her workers' compensation and third party claim against the landowner for failure to maintain its premises in a reasonably safe condition. Liability was strongly contested with the landowner arguing that it was the responsibility of the Plaintiff's employer, State of Indiana, to provide chair mats to prevent the chair from getting caught on the carpet. However, after extensive discovery, it was learned that the floor had been damaged due to water intrusion, which contributed to the poor condition of the carpet. In addition, we were able to demonstrate that the Defendant's argument that it was the State's responsibility to provide chair mats was tenuous at best since immediately after the accident, the landowner purchased chair mats.