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ARTICLE ID 193721

– Premises liability – Fall down – Trip and fall – 79-year-old plaintiff tripped and fell on bathroom threshold at building due to poor lighting – Dental injuries – Neck and back injuries – Lacerations – Contusions

Middlesex County, MA

In this premises liability matter, the plaintiff alleged that while visiting her doctor in the defendant’s building, she used the restroom, and as a result of the poor lighting, tripped on the bathroom threshold. The plaintiff suffered multiple injuries, including dental, that required the removal of teeth and insertion of dental implants and grafting. The defendant denied the allegations, and maintained that the plaintiff’s own negligence was the cause of her fall, resulting injuries, and damages.

The 79-year-old female plaintiff was a patient of an opthalmologist that had offices in the defendant’s building. While in the building, the plaintiff used the restroom and tripped and fell on the threshold to the bathroom. The plaintiff alleged that the raised threshold was dangerous and not clearly visible due to the inadequate lighting in the restroom. As a result of the plaintiff’s fall, she suffered numerous injuries, including multiple lacerations and contusions to her face, mouth, nose, head, and knees; as well as injuries to her cervical and lumbar spine. The plaintiff brought suit against the defendant building owner, alleging negligence. The plaintiff contended that the bathroom threshold and inadequate lighting presented hazardous conditions that caused the plaintiff’s fall.

The defendant denied the allegations, including that there was nothing dangerous or defective about the threshold or the lighting in the restroom facilities. The defendant argued that there had never been any previous complaints, falls, or injuries related to the bathroom threshold or lighting. The defendant maintained that the plaintiff’s injuries and damages were due solely to her own negligence in failing to watch her step due to her declining vision with a history of: Cataracts, glaucoma, blurry vision, and inability to see at night.

The matter was tried.At the conclusion of the trial, the jury deliberated, and returned its verdict in favor of the defendant and against the plaintiff. No damages were awarded.

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