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DEFENDANT’S Premises Liability – Hazardous Premises – Plaintiff trips and falls when her flip flop gets caught on the bottom of a door at the defendant’s pool – Failure to maintain the premises in a reasonably safe condition – Toe fracture.

Bucks County, PA

The plaintiff in this premises liability action maintained that the defendant swimming pool facility failed to properly maintain their premises causing a hazardous condition which caused the plaintiff to trip and fall. The defendant denied all allegations of negligence and denied that a dangerous condition existed on the premises.

On May 28, ________, the female plaintiff was a guest at the defendant’s swimming pool facility. While exercising due care for her own safety and proceeding through two doors at the exit of the women’s locker room, the plaintiff’s flip flop got caught on the bottom molding of the door and the plaintiff fell to the ground. The plaintiff maintained that the molding was coming loose from the door.

The plaintiff maintained that the defendant was negligent in failing to provide safe premises, failing to maintain the property in a reasonably safe condition, failing to inspect and repair the dangerous condition and failing to provide a safe restroom and locker area for guests. As a result, the plaintiff suffered a fifth metatarsal fracture. The defendant denied all liability, maintained that the incident was caused by the negligence of the plaintiff and that no defective or dangerous condition existed on the premises.The jury found no negligence on the part of the defendant.

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