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DEFENDANT’S Premises liability – Alleged dangerous step at restaurant – Failure to warn – Trip and fall – Hip fracture to elderly plaintiff – Open reduction – Internal fixation

Palm Beach County, FL

The plaintiff was a 73-year-old female patron of the defendant’s restaurant when she tripped and fell down a step. The plaintiff alleged that the step constituted a dangerous condition on the premises, and that the defendant failed to post adequate warnings. The defendant maintained that the step was not dangerous, and that the fall was caused by the plaintiff’s failure to watch where she was walking. The plaintiff was diagnosed with a fracture of the right hip as a result of the fall. She underwent open reduction and internal fixation to address the fracture. The defendant argued that the step was open, obvious, and well maintained. The jury found no negligence on the part of the defendant, which was a legal cause of injury to the plaintiff. The defendant’s motion for taxable costs and motion for attorney fees are both pending before the court.

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