In Manhattan, we represented a woman, who upon returning home from a New Year’s Eve Party and entering the elevator in her residential apartment building, unfortunately discovered that the elevator was not at the floor when she entered what she thought was the elevator. Instead, after the doors opened she actually stepped into the empty space of the elevator shaft and fell three stories to the bottom of the shaft. Tragically, she was paralyzed from the waist down. Our main claim was that the elevator shaft door should not open unless the elevator is actually there. The safety mechanism that should prevent an elevator shaft door from opening unless the elevator is there failed. A major challenge to a successful recovery in this case was the extent to which the plaintiff had been drinking that night and, therefore, the claim that she was responsible for her own accident and injuries. The legal phrase that describes this issue is “culpable conduct of the plaintiff.” It also falls under a category of cases where at the time of trial, the jury determines the “comparative negligence” of both the plaintiff and the defendant.