The Bartinik Law Firm LLC

Failure to sand and salt caused fracture to wrist | Griswold, Connecticut

Failure to sand and salt caused fracture to wrist | Griswold, Connecticut

This case arose from a fall on ice in the parking lot of Ames Department Store in Griswold, Connecticut.

 

Our client was intending to shop at Ames. When she exited her car she could not avoid the ice on the parking lot. She fell on the ice, and tried to break her fall with her hand. She fractured her right wrist.

 

She made her living baking and decorating wedding and special occasion cakes. She was unable to perform her occupation for a long period of time. She lost a significant amount of lost income.

 

The rule is that the person in possession (owner or manager) of the parking lot must keep it reasonably safe for customers using the parking lot. It is well known ice creates a slippery dangerous condition. And it is also well known that it must be removed or at least it must be sanded and salted.

 

Here, the owner or manager of the parking lot did not sand or salt the parking lot when it should have been done. Normally, commerical parking lot owners contract the job out to a snow plow company. Since, the parking lot was not cleared of the ice, and since our client did not do anything careless (she was not contributorily negligent) the parking lot owner was liable.

 

This case was settled prior to trial.

 

This was was Thoma v. Albermarle Griswold Ltd. Partnership.

 

If you or anyone you know has fallen and suffered a fracture due to ice in a commerical parking lot contact The Bartinik Law Firm, PC., 100 Fort Hill Road, Groton, CT. at 860-445-8521 or toll free at 888-717-4211.

 

Settlement

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