Contractor sues after fall from homeowners broken ladder
John Czechowski, the victim and Plaintiff in this case was a member of the workforce that was hired and was responsible for the renovation of gutters and siding at a residence in West Seneca on June 23, 2014. This residence belonged to one, Mr. Paul Wisniewski who had made all arrangements for the workforce, including the equipment that they would use while carrying out the renovations and other critical parts of the job. While working on the premises, Mr. Czechowski, who was 47 years old at the time unfortunately injured himself. He sustained a severe foot injury when the fourth rung of the homeowner's ladder failed, broke down, ultimately causing him to fall on his feet onto the concrete pavement below him.
The Lawsuit and Result
Mr. Czechowski filed a lawsuit against the homeowner, Mr. Paul Wisniewski and highlighted the injuries that he had sustained. These included a severe fracture which was treated through surgeries that involved the insertion of a titanium plate and screws. He was also unable to resume work, let alone indulge into recreational activities, including skiing, golf, motorcycle riding, and bowling. Additionally, he also had permanent post-traumatic arthritis in his ankle which severely impacted his quality of life going forward.
Based on these injuries, Mr. Czechowski was awarded summary judgment in his lawsuit against the homeowner, as the judge determined that the defendant Mr. Paul Wisniewski was negligent in providing faulty equipment to the workforce. The case then went on to trial only focused on damages. The Erie County jury awarded Mr. Czechowski $76,000 in pain and suffering damages, with $60,000 in past damages for a period of seven years and $16,000 in prospective damages for a period of 16 years. Unsatisfied, Mr. Czechowski filed an appeal on grounds that the sum awarded was insufficient as it does not compensate adequately against the injuries he has suffered.
The Appeal
The Appellate Court in Czechowski v. Wisniewski (4th Dept. 2024) supported Mr. Czechowski and stated that the damages awarded by Erie County Court should be increased from $76,000 to $275,000 ($150,000 for past damages and $125,000 for future damages). The Appellate Court placed importance on the medical evidence presented by Mr. Czechowski at trial and determined that his heel bone was severely broken requiring surgery and he developed acute arthritis, which alone restricted his motion by 25% for the first 11 months. Further, for a period of seven years after the incident, Mr. Czechowski had numbness and pain along the side of the foot. Therefore, the Court determined that the damages of $76,000 do not justify the seriousness of his injuries and the period of disability he sustained.
It is essential to prioritize safety measures as homeowners when you engage contractors to complete tasks that have a risk of physical or bodily injury. Homeowners should also guarantee that the worksite is free of unnecessary hazards, has clear pathways, secures loose objects, and has sufficient illumination. Furthermore, in order to guarantee the welfare of the workforce, homeowners should also provide access to restrooms, drinking water, and break areas.
This above judgment also highlights that one should not hesitate in seeking legal assistance to navigate the complexities of assessing damages or settlement claims. Lawyers possess the expertise to precisely evaluate the size of damages, which include medical expenses, lost wages, and non-economic damages, such as pain and suffering. Contractors may undervalue the value of a claim in the absence of legal guidance, resulting in inadequate compensation.
Sternberg Injury Law Firm
Sternberg Injury Law Firm offers complimentary consultations for individuals who have lost a loved one or relative as a result of someone else’s negligence. Our attorneys are proficient in Personal Injury Law and are dedicated to obtaining the highest potential compensation for you. Upon your retention of our firm, our attorneys will conduct a comprehensive review of the case with you, provide you with information regarding your alternatives, and inform you of the ways in which our firm can offer assistance. We handle cases throughout New York, including Islip, Lido beach, and Neponsit. We can be contacted via email, text, or by submitting our web form.