– Premises liability – Fall down – 97-year-old plaintiff caught her foot as she was exiting restaurant and fell – Foot injury and infection leading to worsening dementia

Middlesex County, MA

In this premises liability and fall down matter, the plaintiff, the estate of the 97-year-old fall victim, alleged that the woman tripped and fell as a result of getting her foot caught on the defendant’s stair while exiting the defendants’ restaurant. The plaintiff contended that the defendant permitted a dangerous or defective condition to exist in the stairway, which was also not equipped with handrails. The decedent suffered a laceration to her foot, which became infected and led to a worsening of her pre-existing dementia. The defendants denied the allegations and maintained that they were not liable for the decedent’s injury, or the plaintiff’s damages.

The 97-year-old patron was exiting the main entrance of the defendants’ restaurant, when her left foot became caught on the edge of the step. As a result, the patron fell to the ground, and sustained a laceration to her foot, which later became infected. The plaintiff contended that the decedent’s dementia worsened with the infection, with the decedent passing away five years after this incident. The plaintiff brought suit against the defendants alleging negligence, and maintaining that the stairs were dangerous, defective, and failed to have a handrail, which would have prevented the woman’s fall.

The defendants denied the allegations and disputed liability. The defendants maintained that they were not negligent, and the fall was solely as a result of the woman’s own negligence in failing to properly descend the stairs. The defendants maintained that a stair rail would not have avoided the incident, and the stairs complied with all applicable building codes. The defendants disputed the plaintiff’s version of how this occurred, citing the absence of any witnesses.

The matter proceeded to trial. The court granted the defendants’ motion for summary judgment as to the issue of building code violations. The remaining claims of negligence went to the jury for decision.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant, and against the plaintiff.