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ARTICLE ID 169712
Premises liability - Hazardous premises - Plaintiff allegedly slips and falls while descending the stairs after leaving the defendant bar - Defective installation of handrail alleged - Dislocation of shoulder - Labrum tear - Rotator cuff tear - 20% permanent loss of use of shoulder alleged.
New York County, NY
In this premises liability matter, the plaintiff alleged
that the defendant bar owner and property owner were negligent in
failing to properly affix a handrail which came loose when the
plaintiff slipped and fell on the stairway, injuring his
shoulder. The defendants denied the allegations and maintained
that the handrail had nothing to do with the plaintiffs slip and
fall. The defendant contended that the plaintiff had been
drinking and was inebriated which was the proximate cause of his
fall.
On January 2, ________ the 24-year-old male plaintiff was a patron at
the defendant bar. As he was leaving the bar and descending the
stairway, he slipped. The plaintiff grabbed for the handrail
which came loose, causing the plaintiff to fall. As a result of
the fall, the plaintiff sustained injuries to his shoulder. He
was diagnosed with a dislocation of his shoulder, a tear of the
labrum and a tear of the supraspinatus tendon, part of the
rotator cuff. The plaintiff contended loss of 20% permanent loss
of use of his shoulder.
The plaintiff brought suit against the defendant bar and the
property owner alleging negligence in affixing the handrail to
the building. The plaintiff alleged that the handrail was affixed
to brick instead of wood and was not, therefore, properly
secured. The plaintiff alleged that that handrail was not
properly affixed to the building and came loose when he grabbed
it to prevent his fall. The plaintiff alleged that the railing
created a dangerous condition for patrons.
The defendants denied the allegations and maintained that there
was nothing defective about the handrail. The defendants
maintained that even if the handrail was loose, the plaintiff had
failed to demonstrate that the loose handrail was the proximate
cause of the injuries to the plaintiffs shoulder. The defendants
further argued that the plaintiff had been drinking and his
perception was impaired. The plaintiff denied the allegations of
inebriation were true as the plaintiff had not even consumed a
full glass of beer and was only at the tavern for several minutes
before the incident occurred.
The matter was tried and the jury returned a verdict finding that
the defendants were negligent. The jury, however, did not find
that the defendants negligence caused the plaintiffs injuries,
so a verdict was entered in favor of the defendants.
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