Michael Licatesi Wins Appellate Division Premises Liability Case
Case Overview
The plaintiff was injured falling on a defective step at a commercial property. When the property owner argued the step complied with building codes, we retained an expert witness who proved the step's slope did not meet regulatory standards. After the trial court ruled against us, Attorney Michael Licatesi successfully appealed the decision, securing a reversal from the Appellate Division.
Case Facts
- Plaintiff fell on defective step at commercial property
- Property owner claimed step complied with New York State Building Code
- Case initially dismissed at trial court level
- Licatesi Law Group appealed the dismissal
- Appellate Division reversed the trial court decision
Injuries Sustained
- •Injuries from fall on defective step (specific injuries not disclosed in source)
- •Physical pain and suffering from fall
- •Potential fractures or soft tissue injuries
- •Impact on mobility and daily activities
Medical Treatment
- •Emergency medical care following fall
- •Treatment for fall-related injuries
- •Physical therapy and rehabilitation
- •Pain management
Legal Strategy
- Retained qualified expert witness to analyze step construction
- Expert testimony proved step's slope did not meet regulatory standards
- Demonstrated the step was a construction defect
- Proved property owner had constructive notice of the defect
- Established owner's duty to maintain and secure the premises
- After adverse trial court ruling, filed appellate brief
- Successfully argued case before Appellate Division
- Secured reversal and reinstatement of plaintiff's claims
Outcome
The Appellate Division affirmed the plaintiff's claim and ruled that the property owner was negligent in failing to maintain a secure premises. This appellate victory allowed the case to proceed and ultimately resulted in monetary recovery for the plaintiff. The case demonstrates the importance of expert witnesses and the value of appellate advocacy when trial courts make errors.
Key Insight
Property owners must maintain premises with reasonable care and are responsible for addressing known hazards or conditions they should have known about. When cases are wrongly dismissed, experienced appellate attorneys can reverse those decisions and restore clients' rights to compensation. Expert witnesses are often critical in premises liability cases to prove defects and establish causation.
"This appellate victory demonstrates our commitment to fighting for our clients at every level of the court system. We don't give up when trial courts make the wrong decision."
Have You Been Injured?
Contact Licatesi Law Group today for a free consultation. We fight aggressively for maximum compensation.
Important Notice: Past results do not guarantee future outcomes. Every case is unique and results depend on the specific facts and circumstances of each individual case. The verdicts and settlements listed above are representative of our experience but should not be considered as predictive of results in other cases.
