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DEFENDANT’S Landlord's Negligence – Plaintiff trips and falls on a defect under the carpet of the hallway of the apartment she rented from the defendants – Failure to timely repair the floor of the premises – Left ankle sprain – Cyst of the talar bone.

Philadelphia County, PA

In this premises liability action, the plaintiff argued that the defendant had notice of a dangerous condition that existed in the apartment which the plaintiff leased from the defendant, and failed to remedy the dangerous condition. The defendant denied having notice of the dangerous condition and maintained that the plaintiff was comparatively negligent.

On October 9, ________, the female plaintiff was walking on the carpet of the apartment she rented from the defendant real estate company located on Cambria Street in Philadelphia when her foot got caught in a defect under the carpet and she twisted her ankle and fell. The plaintiff maintained that the defendant was negligent in failing to timely repair the floor of the leased premises, using a rug to conceal a known defect on the premises, failing to warn the plaintiff of the dangerous condition and failing to properly maintain the premises.

As a result of the incident, the plaintiff suffered sprain of the left ankle and OS peroneum of the medial malleolus, chronic anterior talofibular ligament tear and a cyst of the talar bone. The defendant denied all liability and injury, and argued that the plaintiff was familiar with the condition of the premises and failed to use due care and caution.The jury found no negligence on the part of the defendant.

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