Gap slip and fall lawsuit - mom gets 125k after her kid falls wearing gap sneakers
A. Cohen Law Firm News
By avi cohen
This was a case of slip and fall into The Gap.
A Brooklyn mom scored a $125,000 payout from the clothing giant after her toddler took a nasty tumble while wearing a pair of Gap sneakers that she says started coming apart at the seams, court papers reveal. Gap Metallic Logo Trainers in Night Sky.
Chaya Kleinman purchased a pair of “night sky”-colored toddler shoes from Gap.com — on sale for $24.99 — for her daughter Adina in November, according to the Brooklyn Supreme Court papers.
Little Adina was in her kitchen the morning of Dec. 4 wearing the tiny trainers when she tripped and split her forehead open on a cabinet, “causing her to bleed profusely,” papers say.
She’d only worn the “metallic logo trainers” five times when the front sole of the right shoe began to wear off to the point that it became detached, according to the lawsuit.
“Initially, I did not think much of it at the time, other than feeling anger and frustration because I had just purchased new shoes from [The Gap] which I discovered to be defective,” Kleinman says in an affidavit.
Adina was rushed to Coney Island Hospital to stitch up the two-centimeter gash, which later became infected.
After retaining a lawyer, Kleinman and her husband agreed to the lump-sum settlement, “as we believe it represents an excellent recovery for Adina under the circumstances,” she says in papers.
Of the payout, $5,000 will be put aside for future plastic surgery Adina may need, $80,000 will be placed in a savings account for the girl once she turns 18, and Kleinman’s attorney, Avinoam
Cohen, will collect a $40,000 fee.
“I can’t comment at this time,” Cohen said Tuesday. “I wouldn’t want to say anything that would jeopardize the settlement.”
A spokeswoman for Gap Inc., as well as a lawyer for the company, declined to comment.
Avi has been selected to super lawyers’ “Rising Stars,” a prestigious recognition awarded to only 2.5% of attorneys. Avi maintains a 10.0 rating on Avvo, which is considered by Avvo’s own ranking standards as “Superb.”
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