$4 Million Settlement : Defective Toilet Seat

When property owners are told about hazardous conditions on their property, they must take action to cure the defective condition, so no one gets hurt. In this case, the property owner was renting an office space to a home health aide service provider. Prior to renting the property, an inspection was performed and a loose toilet seat in the handicap stall was reported to the owner. The owner ignored the warning and allowed the new tenant to take possession. An employee of the home health aide company was wheelchair bound due to a prior condition. As she was transferring from her wheelchair onto the toilet seat, the loose toilet seat slipped off the toilet, throwing her to the ground and breaking her neck. After several surgeries she was rendered paralyzed. Through hard work by our team, headed up by Partner Elyssa Fried, Michael Feldman and Andrew Finkelstein, we were able to find the inspector who testified they told the owner about the loose toilet seat before the event happened. The case was settled before trial for $4,000,000, which included the waiver of a $1,750,000 Workers’ Compensation lien.