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ARTICLE ID 155814

Premises liability - Plaintiff falls in kitchen claiming that the linoleum floor was defective.

Plymouth County, Massachusetts

In this premises liability case, the plaintiff maintained that the defendant negligently maintained kitchen flooring in such a manner as to cause the plaintiff to fall. The defendant denied liability. Prior to trial, the plaintiff demanded $________ and the defendant offered $________. No agreement was reached and the matter went to trial.

The plaintiff slipped and fell on the defendant’s linoleum kitchen floor. The plaintiff argued that the defendant maintained the premises negligently in not fixing the problem with the linoleum and that the defendant’s negligence was the proximate cause of the plaintiff’s fall and resulting injury. The plaintiff claimed that the linoleum floor was worn away, in part, creating a dangerous or defective condition.

As a result of the fall, the plaintiff sustained a ruptured patella tendon. The plaintiff’s medical expenses were more than $________. The plaintiff did not call any experts at trial.

The defendant denied that there was a causal relationship between the condition of the kitchen floor and the plaintiff’s fall and resulting injury. The defendant pointed to the fact that the plaintiff had been in the relatively small kitchen for several hours, but denied noticing any problems with the floor. At the plaintiff’s deposition, she testified that she did not know what caused her to fall.

The jury found no negligence by the defendant and returned a verdict in favor of the defendant, awarding the plaintiff no damages.

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