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ARTICLE ID 155910
Premises liability - Trip and fall due to defect in curbing - Fractured ankle - Back surgery.
Middlesex County
This was a premises liability action tried on liability-only. The
female plaintiff tenant contended that the defendant landlord
negligently allowed a defect in the curbing of a common area to
go uncorrected. The plaintiff alleged that as she stepped off the
defective curbing, she tripped and fell. The plaintiff maintained
that she suffered a fractured ankle and back injuries requiring
surgery as a result of the fall. The defendant landlord contended
that the plaintiffs injuries were the result of her own
negligence.
The evidence revealed that the plaintiff was a tenant living in
an apartment complex owned and operated by the defendant. The
plaintiff testified that when she stepped off a curb in a common
area, a defect in the curb caused her to trip and fall.
The plaintiff claimed that she fractured her ankle as a result of
the fall and that she also suffered back injuries requiring
surgery as well.
The defendant contended that the plaintiff had not been paying
adequate attention when she stepped off the curb, causing her
fall. The defendant maintained, therefrom, that the plaintiffs
injuries were the result of her own negligence.
The jury found that there was a defect in the curbing, but that
it was not a proximate cause of the plaintiffs injuries.
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