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ARTICLE ID 142877

Premises liability - Trip and fall at amusement park - Alleged defective steps - Wrist fracture with surgery.

Dauphin County

The plaintiff alleged that the defendant allowed a dangerous condition at its amusement park in the form of a series of steps leading to a shopping area. The plaintiff claimed that she tripped and fell because the nosing on the steps was defective. The defendant denied that the steps were dangerous and maintained that the fall was caused by the plaintiff’s own negligence.

The plaintiff was a female in her early 60s when she was visiting the defendant’s Hershey Park. She was walking on a series of steps leading to a shopping area when she claimed that her shoe caught on the nosing of a step near the top and caused her to trip and fall. The plaintiff’s expert testified that the nosing (the outer edge where the flat steps meets the vertical riser) of the steps was defective and lacked an appropriate slant. The plaintiff sustained a wrist fracture as a result of the fall and underwent surgical correction.

The defendant argued that the nosing of the steps had the proper slant and that the plaintiff’s expert based his opinion on grainy photographs and never inspected the actual steps. The defendant’s liability expert testified that the steps met all building code requirements. The defense maintained that the steps were safe and that the plaintiff’s fall was caused by her failure to pay attention to where she was walking.

The jury found that the defendant was not negligent.

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