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$________ Premises liability - Fall due to defective handrail installation at co-op building.

Nassau County, NY

The 82-year-old plaintiff, who worked for an accounting firm, and who was taking the stairs as she was leaving her co-op, contended that as she reached for the handrail, it came out of the wall, causing her to fall.

She claimed to have suffered a hairline fracture at the distal end of her femur. The plaintiff maintained that the brass handrail was attached to the concrete wall with plastic anchors which was inappropriate.

Her safety expert stated that the handrail should have been fastened with lead or molly screws instead. The plaintiff also alleged that because the incident occurred in a common area, the owner was responsible regardless of who installed the handrail.

The plaintiff had also named a contractor who had been hired to work on the handrail. The contractor established that he did not install a new handrail because the owner did not supply one as agreed. The contractor’s motion for dismissal was granted.

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