$625,000 Settlement For Fall Injury Caused By Faulty Railing
Associate Patrick Blum obtained a $625,000 settlement for a 55-year-old man who because of faulty railing fell nearly six feet to the ground and suffered injuries that required surgery.
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 next to and raised above the garage door approximately 5-6 feet. The porch’s height gave him better access to the hook where 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, as he had done in previous years, however, on this day, as he was leaning against the railing, it broke away from the concrete porch at the base of the railing and, caused him to fall 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.
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