Working up a Simple yet Complex Infant Trip and Fall Fracture Case
A 9 year old Male child, tripped and fell on a sidewalk, fracturing his 5 Metacarpal. What makes this case unique and complex is the fact that there are multiple possible defendants. What I mean by complex is by the fact that the defendants themselves don’t even know who is responsible for the sidewalk (Master Association). The fall happened outside the gate of a Condo Community, which is managed by a Management Company. The Management company, claims that they are not liable for the area outside the gate and that a separate Management company is. That second management company, is pointing fingers on the internal management company as well as Home owner association.
In cases like these, I generally file a lawsuit and name all parties and let them fight over it internally and since they forced me to file a lawsuit, I will not be pulling them out of the lawsuit unless they make a contribution towards settlement. Even though it’s a minimal fracture case, I’m made an official demand of $250,000 between all parties because I’m expecting all defendants to contribute. Furthermore, the case is an ICO (Infant Compromise Order) case and the judge will not approve the settlement if it’s too low.
Will keep everyone posted on the progress…