DEFENDANT’S Premises Liability – Trip and fall – Plaintiff trips on an unmarked change in elevation while exiting defendant’s club – Failure to make the change in elevation – Toe fracture – Foot sprain.

Allegheny County, PA

The plaintiff, in this premises liability action, maintained that she was injured when she tripped and fell while exiting the defendant’s premises. The defendant denied the incident occurred as alleged by the plaintiff and denied being negligent.

On August 5, ________, the female plaintiff was a business invitee of the defendant club. As the plaintiff was exiting the defendant’s establishment, she tripped and fell on an unmarked drop in elevation outside of the exit door. The allegations of negligence contained in the plaintiff’s compliant against the defendant were causing or permitting the dangerous condition to exist on the premises, providing premises that were unsafe for use, failing to warn of the unsafe drop in elevation, and failing to mark the unsafe drop in elevation. Consequently, the plaintiff suffered a right fifth metatarsal fracture, right foot sprain, and bruises and contusions. The defendant denied all allegations. Surveillance video indicates that the plaintiff exited the premises safely and then tripped over a brightly colored parking stop in the parking lot, which was open and obvious. Plaintiff’s own actions caused her to trip.The board of arbitrators found in favor of the defendants.