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DEFENDANT’S Premises Liability – Hazardous premises – Plaintiff struck by a window pane that fell from defendant’s second story building – Failure to make sure that windows on property were properly secured – Lowe leg laceration.

Cumberland County, PA

The plaintiff was injured when he was struck by a window that fell from the second story of a property owned and controlled by the defendants. The plaintiff argued that the defendant was negligent in the maintenance of the windows. The defendant denied being negligent, and having any notice of the condition.

On September 17, ________, the male plaintiff was lawfully walking on the sidewalk of the premises owned and controlled by the defendants. Suddenly, and without warning, a window pane fell from a second story apartment. The glass shattered and struck the plaintiff, causing injury. The allegations of negligence against the defendant contained in the plaintiff’s complaint were: Causing or permitting a window pane to fall from a second story apartment, failing to make reasonable inspections of the premises, failing to ensure that the windows on the premises were properly secured, and failing to maintain a reasonably safe condition on the premises. The incident resulted in a laceration on lower right leg resulting in a four-inch scar. The defendants admit they own the property, but denied that they were in control of the property at the time, maintaining that the property was under the control of their tenants at the time of the incident. Further, the defendants denied having any knowledge of the condition of the windows.The jury found no negligence on the part of the defendant.

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