Defense Verdict for Property Management Company / Fall Down Stairs

Attorney Margarita Warren successfully obtained a defense verdict on behalf of a property management company in an action arising from a fall down an exterior wooden stairway.

The plaintiff tenant claimed he fell when a tread broke or slipped out from under him while he was walking down the stairs.  The plaintiff alleged that the tread was not nailed or was not fastened properly into the stair framing.  As a result of his fall, the plaintiff claimed he sustained left shoulder and right hip injuries requiring a cortisone shot and physical therapy.  Plaintiff’s wife alleged she witnessed the plaintiff’s fall.

Attorney Warren argued that the defendant property management company had no prior notice of any alleged defects with the stairs.  Further, Attorney Warren argued the fall did not occur as alleged and that plaintiff’s testimony differed from his own wife’s testimony with regard to the location of the fall.   Lastly, Attorney Warren argued that plaintiff’s injuries were pre-existing and not causally related to the alleged fall.

The jury deliberated for approximately 50 minutes before returning with a verdict in favor of