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ARTICLE ID 195658

$________ Premises Liability – Fall down – Plaintiff trips and falls on a broken or uneven portion of sidewalk located in front of defendant’s retail establishment – Failure to warn of the dangerous condition – Torn rotator cuff – Surgery required.

Allegheny County, PA

The plaintiff, in this premises liability action, alleged that the defendant store and premises owners negligently allowed the sidewalk on their premises to become, and remain, in a defective condition, causing a hazardous plight on which the plaintiff tripped and fell. The defendants denied that any defective or dangerous condition existed on the premises, and argued that the plaintiff was comparatively negligent.

On June 1, ________, the 56-year-old male plaintiff, employed as boilermaker, was walking on the sidewalk in front of the defendant retail drug store on the premises owned by the defendant property owners, when he tripped and fell on an uneven or broken part of the sidewalk. The plaintiff maintained that the defendants were negligent in allowing uneven, cracked, loose, or chipped red bricks to exist on the sidewalk, allowing the sidewalk to remain uneven, failing to warn of the dangerous condition, and failing to correct a defective and dangerous area. Consequently, the plaintiff suffered a large tear of the left rotator cuff requiring surgery, left knee abrasion, and various sprain and strains. The defendant denied that any defect or dangerous condition existed on the premises. Further, the defense argued that the plaintiff was extremely familiar with the property, as the sidewalk was part of his almost daily walking exercise regimen.The jury found that the defendant drug store only was negligent, and awarded the plaintiff $________.

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