Mall patron breaks arm in fall on icy parking lot

$215,000 settlement

By: Mass. Lawyers Weekly Staff October 17, 2013

The plaintiff, 67, was walking in a parking lot adjacent to a large mall. When she passed an elevator/stairwell portico, she fell on a vast swath of ice.

She fractured her humerus in two places and required an intramedullary rod fixation procedure.

The ice had accumulated as a result of water that had been continuously running off the portico roof.

The plaintiff argued that the foot traffic around the portico was very high, and without roof gutters to properly divert the precipitation during the winter months, it was foreseeable that an icy surface on the parking lot would result, making a fall virtually inevitable.

Action: Slip, trip & fall
Injuries alleged: Arm fractures
Amount: $215,000