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ARTICLE ID 169713

$________ Premises liability - Negligent maintenance - Plaintiff trips and falls over neglected rug - Bilateral knee replacement surgery.

Erie County, NY

In this action for premises liability, the plaintiff alleged that a neglected rug caused her to fall at the entrance of the defendant’s establishment. Thus, the plaintiff contended that the defendant’s neglect proximately caused her injuries. The defendants generally denied the allegations.

According to the plaintiff, upon entering the defendant’s establishment she happened upon a neglected rug. Due to the neglect, the plaintiff tripped on the rug and fell. As a result, the plaintiff sustained knee injuries requiring bi-lateral knee replacement surgery.

At trial, the defendant asserted that the rug was not neglected and that the plaintiff’s injuries were preexisting. Moreover, the plaintiff’s treating physician testified that the need for the bilateral knee surgeries was accelerated by, rather than caused by, the fall. The defense argued that any injuries related to the plaintiff’s fall were, at best, minor and transient.

Ultimately, the jury found in favor of the plaintiff awarding a total sum of $________.

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