$2,250,000 Settlement After Tenant Suffers Personal Injury at Rental Property

Our client was sleeping in the apartment she rented when her ceiling collapsed, striking her in the head, neck and face. The cause of the collapse was long-standing water damage, which our client alerted the building company about many times, yet the leak was never fixed. The accident left our client with a herniated disc in her cervical spine, ultimately requiring spinal fusion surgery. Represented by Block O’Toole & Murphy, her case settled for $2,250,000.

Court and County

Bronx County Supreme Court

Plaintiff Description

Woman in her early 30’s who lived in a rental property in the Bronx with her husband and son. At the time of the accident, she was unemployed and on disability for an unrelated condition.

Description of Case

While our client was sleeping in her apartment, a portion of her ceiling collapsed, striking her in the face, head and neck and causing her to suffer severe neck injuries.

Our client claimed her ceiling had been leaking for months before this accident occurred. Although she notified her superintendent, employees with the building management office, and 311, no repairs were ever made. When she would inform her superintendent of the defect, he would tell her that the building hadn’t provided him with the materials required to fix the leak.

In a further effort to have the leak addressed, our client also spoke with the neighbor whose apartment the water damage stemmed from. This neighbor claimed that she had also reported the leak, but that the building had taken no action to address her concerns.

Our client claimed that this water leak caused the structural instability which led to the ceiling collapse that left her severely injured. She further claimed that the Defendant had been made aware of this defective condition previously. The Defendant, however, argued that they had no prior notice about the existence of this water leak.

Injuries

Our client was knocked unconscious in this accident and awoke with debris and blood on her face as her husband tried to revive her. She went to her primary care doctor who told her she needed to go to the emergency room as soon as possible. Emergency services arrived and transported her to the ER at North Central Bronx Hospital.

An MRI soon confirmed that she had suffered a herniated disc at C5/6. After conservative therapy failed to relieve her pain, she soon required cervical spinal fusion surgery. She made a claim for the future medical expenses that would result from this injury and surgery.

The Defendants argued that our client’s cervical spine damage was not caused by the ceiling collapse, but was instead the result of a chronic, degenerative and pre-existing condition. The Defendants also argued there was no evidence that our client had suffered any permanent or partial disability as a result of this accident, and that she would be able to resume all of her typical activities with no restrictions and no further medical treatment required.

Settlement Amount

$2,250,000

Handling Attorneys

This matter was handled by Michael J. Hurwitz and Stephen J. Murphy.

Attorneys Fighting for Tenants Injured on Rental Properties

The attorneys of Block O’Toole & Murphy are experienced in handling lawsuits for people who have been injured in an accident that occurred on a rental property. We fight for maximum compensation for our clients, and have won top results in cases such as:

• $5,850,000 settlement for a Bronx woman who was injured when the ceiling in her apartment kitchen collapsed, requiring multiple spinal surgeries
• $2,300,000 settlement for a Brooklyn man who suffered a severe neck injury after an accident caused by water damage from the upstairs apartment
• $1,500,000 settlement for a man who tripped and fell due to a defect on the stairs of his apartment building, resulting in multiple spinal fusion surgeries
• $1,500,000 settlement after a building company failed to clear snow and ice from the building’s front steps in a timely manner, resulting in a slip and fall accident
• $1,450,000 settlement for a woman who was showering when part of her bathroom ceiling collapsed on her, resulting in severe injuries to her cervical spine

If you or someone you love has been seriously injured in an accident that occurred on a rental property, call 212-736-5300 or fill out our contact form to receive a free, no-obligation legal consultation.