UNSAFE PREMISES LIABILITY CASE ANALYSIS
FACTS OF THE CASE:
Plaintiff was leaving his girlfriend’s apartment. Plaintiff started to descend the common-area staircase and with approximately four or five stairs before the bottom of the staircase, plaintiff stepped on a non-set tile which caused him to lose his balance. The size of the tile was approximately six and a half inches squared. The tile was not glued or affixed in any way to the staircase structure. Plaintiff then attempted to grab onto the railing to prevent himself from falling, however, there was no railing at that point in the staircase. There was a “temporary” railing constructed with “2 by 4” lumber but the railing ended with about four steps to go on the staircase. Therefore, there was nothing for Plaintiff to grab onto.
To further complicate the matter, the staircase area was poorly lit. There were two lights on the wall near the staircase. One of the two lights had plants hanging on it which obstructed the lighting. Pictures taken after the accident indicate work was being performed on the staircase, however there were no signs advising of this.
Upon falling Plaintiff hit his knee, hip, shoulder, neck, and head on a step and then on the ground. Plaintiff’s girlfriend immediately took him to the nearest hospital emergency room. Plaintiff was treated and released with pain medication, however, the next day Plaintiff returned to the Emergency Room due to intolerable pain. The Emergency Room prescribed an MRI and gave the Plaintiff Vicodin ES to help with the pain. The ER’s diagnosis was “rotator cuff strain, right shoulder strain, and left knee strain”.
Plaintiff’s doctor referred Plaintiff to an Orthopedic Specialist who examined Plaintiff and conducted further x-rays. He diagnosed Plaintiff with 1) Severe cervical musculoligamentous sprain, 2) cervical radiculitis, rule out brachial plexus injury vs. thorasic outlet syndrome, 3) shoulder tendinosis of rotator cuff, 4) hip sprain, and 5) post-traumatic stress syndrome. He recommended a shoulder MRI as well. As per the doctor’s request, Plaintiff went to see a Neurologist.
A visitor of an apartment complex has the legitimate expectation that the tiles on a staircase would be affixed without moving. Construction work requires warning signs, which was nowhere to be seen.
THIS CASE WAS SETTLED OUT OF COURT, AND THE CLIENT GOT THE MONEY THEY DESERVED!
Personal Injury Lawyer