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Premises Liability – Fall down – Hazardous premises – Slip and fall on ice accumulated on landing – Shoulder injuries alleged

Essex County, MA

In this premises liability matter, the plaintiff alleged that while lawfully on the defendant’s premises he slipped and fell as a result of accumulated ice on the landing of the stairway. The plaintiff sustained an injury to his shoulder as a result of the fall. The defendant denied liability and disputed causation, as well as the nature and extent of the plaintiff’s alleged injuries and damages.

On January 20, ________, the male plaintiff was lawfully upon the defendant’s premises visiting with his daughter who resided in an apartment at the premises. While leaving, the plaintiff slipped and fell on ice that had accumulated on an exterior stairway landing. As a result of the incident, the plaintiff suffered an injury to his right shoulder. As a result of the injury, the plaintiff lost time from work. The plaintiff brought suit against the defendant property owner, alleging negligence. The plaintiff contended that the defendant was negligent in failing to keep the landing free from ice accumulation and properly lit. The defendant denied the allegations, and disputed any negligence, and maintained that the plaintiff’s injuries were caused as a result of his own negligence in failing to watch his step. Additionally, the defendant disputed causation and damages.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant and against the plaintiff. No damages were awarded.

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