Brian Kincaid Successfully Negotiated Six Figure Settlement for Foot Injury Sustained at an Indoor Recreational Facility, Despite Client Having Signed a Waiver of Liability

Brian Kincaid obtained a One Hundred and Fifty-Five Thousand Dollar ($155,000.00) settlement, after initiation of a lawsuit but prior to trial, for injuries sustained by our client as a result of a fall at an Indoor Recreational Facility. Due to the fact that our client signed a Waiver of Liability, it was necessary to demonstrate gross negligence in the part of the Indoor Recreational Facility. One of the key factors to this successful outcome, in a case where the client had signed a Waiver of Liability prior to use of the recreational facility, was Mr. Kincaid’s selection of and work with a Liability Expert Witness to prove gross negligence on the part of the recreational facility. Our Liability Expert Witness was able to negate the impact of the Waiver of Liability signed by the client. A further key to success was obtaining and reviewing medical records coupled with expert testimony that set forth the severe nature of the client’s injury.

For information about our Personal Injury Practice, please contact Managing Shareholder, Jim Shepard, Esq. at (973) 528-4700 ext. 120 or Brian Kincaid, Esq. at (973) 538-4700 ext. 119.