Slip and Fall cases and premises liability cases involve injuries sustained on the property or premises of a negligent third party. These types of cases often involve incidents of slip and fall -when a defective condition, foreign substance or object causes a fall. Crucial to recovery is being able to show how long the defect or substance was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.
Premises liability cases also involve incidents of negligent security, especially when a serious crime or attack occurs that could have been prevented through better security conditions.
Here is an actual case relating to slip and fall liability due to a negligent rear step in a condominium.
A 62-year-old woman visited her daughter's condominium for the first time. She entered the unit through the rear deck. As she stepped from the deck to the unit, she fell to the ground on her left shoulder.
The deck and stairs were "common areas" of the condominium whose maintenance and construction were the responsibility of the condominium association.
The woman sued claiming the step area was negligently constructed and maintained. The step was about 12 inches high and had neither a hand rail or anything else to hold onto.
She claimed that steps were in violation of the State Building Code and State Sanitary Code. A proper step that would be in compliance with the codes required two steps and a hand rail.
The woman sustained a serious fracture to her left shoulder which required two shoulder replacement surgical procedures.
The case settled for $180,000.
If you have been involved in a premises accident, contact a lawyer Here
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