Associate Patrick Blum obtained a $625,000 settlement for a 55-year-old man who suffered injuries, requiring surgery, after falling nearly six feet to the ground due to a faulty railing.
The man was attempting to hang a potted plant from a hook located above his garage door when he fell and suffered injuries. He lived in a housing development managed by a homeowners association that was named as the defendant.
On the date of the incident, the client was standing on his front porch that is next to and raised above the garage door approximately 5-6 feet. The porch’s height gave him better access to the hook he was intending to hang the plant. Due to the porch’s height, it had a protective metal railing around it to prevent anyone from falling. The railing was installed when the complex was constructed but was managed and maintained by the homeowners association.
Our client was leaning against the railing to hang the plant, like he had done in the previous years he lived at the house. However, on this day, as he was leaning against the railing, it broke away from the concrete porch at the base of the railing. He fell 5-6 feet to the ground below.
After the incident, it was discovered the bases of the railing were rusted and deteriorating, causing him to fall as he leaned. We were able to show the defendant had constructive notice of the condition since they hired a company to inspect the railings and to paint them every five years.