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ARTICLE ID 194845

– Premises Liability – Fall down – Landlord/tenant – Negligent maintenance of premises – Plaintiff alleged that he was injured when his foot fell through a rotted floor board – Ankle, leg and elbow injuries alleged

New London County, CT

In this fall down action, the plaintiff tenant alleged that the defendant landlord was negligent in failing to properly maintain the building. The plaintiff alleged he injured his: Ankle, leg, and elbow when his foot went through a rotted floor board. The defendant denied the allegations and disputed the nature and extent of the plaintiff’s injuries and damages.

On August 19, ________, the plaintiff was a tenant of the defendant and was moving furniture into the building. As he was walking through the hallway, he alleged that his foot fell through the floor boards due to a rotten floor board. As a result, the plaintiff dropped the furniture he was carrying, which also fell on top of him. The plaintiff alleged injuries to his: Ankle, upper leg, elbow, and knees as a result of the incident. The plaintiff brought suit against the defendant alleging negligence in failing to properly maintain the premises, and in violating the state unfair trade practices statutes by breaching the implied warranty of habitability. The defendant landlord denied the allegations, and disputed the plaintiff’s allegations of negligence. The defendant maintained that the plaintiff’s fall occurred due to his failure to exercise due care. The defendant also disputed causation and damages.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant. The jury determined that the plaintiff failed to meet its burden of proof with regard to the allegations in its complaint. No damages were awarded.

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