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DEFENDANT’S Premises Liability – Hazardous premises – Plaintiff trips and fall on a change of elevation at entrance/exit of defendant’s clubhouse – Failure to mark change in elevation – Distal radius fracture – Surgery required.

Montgomery County, PA

This premises liability action stems from a fall the plaintiff sustained when she was attempting to leave the defendant’s clubhouse following a birthday party she attended for her grandson. While exiting the clubhouse, the plaintiff tripped, fell, and was injured. The defendant denied that any defective condition existed on the premises.

On June 13, ________, the female plaintiff was on the defendant’s premises attending a birthday party for her minor granddaughter. The party was being held at the defendant’s clubhouse, and the plaintiff had never been there before. The plaintiff entered the clubhouse without incident, but while she was leaving, was caused to trip and fall on a change in elevation at the only means of ingress/egress on the premises. The allegations of negligence against the defendant contained in the plaintiff’s complaint were: Allowing a dangerous and defective condition to exist on the premises, failing to warn of the dangerous and defective condition, and failing to mark the change in elevation at the entrance/exit. Consequently, the plaintiff sustained a left distal radius fracture with dorsal displacement, and open reduction and internal fixation surgery was required. The defendant denied all allegations of negligence, and maintained 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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