Just last week, an 84 year-old gentleman was awarded $4 Million in a Pennsylvania slip and fall personal injury lawsuit. After a more than four year battle, the plaintiff finally got his day in Court. The jury listened to days of evidence and, at the end, returned a verdict of $ 4 Million against the property owner.
In that case, the plaintiff had gone to a local shopping center in July 2012. When he left, he walked along the shopping center’s walkway and fell down a lone step that was not marked or warned about. The fall caused the man to sustain a serious eye injury when he struck his left eye on a chair outside another shop. This accident resulted in very little functional eyesight that eventually left this man effectively blind.
What is amazing about this case is that it was initially thrown out by the lower Court. The plaintiff’s lawyer, however, continued his fight for his client and successfully appealed the lower Court’s decision and got his client a chance to have a jury hear the facts of his case and injury.
The plaintiff’s lawyer argued that since the property owner failed to properly mark or warn customers or others on the shopping center’ property about the uneven step on the walkway, the property owner was negligent. The jury agreed.
In Massachusetts, property owners have a duty to ensure their property does not have any dangerous or hazardous conditions that pose a risk to the safety of the guests or customers of their property. Property owners are responsible to fix or warn about hazards that could potentially cause harm or injury to people on the property.
This means, if there was a hazardous condition on the property that the property owner knew or should have known about, they can be held liable for injuries caused by the dangerous condition.
It was reported that, at trial, the plaintiff explained to the jury how the loss of vision from this accident affected his life. He enjoyed playing golf and spending time with his family, including his great-grandchildren. But, since the fall and injury, the plaintiff’s life has changed dramatically. He explained how he feels like he is “sitting in a dark” when at family gatherings.
This is a prime example of how a dangerous condition on someone else’s property can lead to and cause serious injuries to another. It also shows how a jury can view a personal injury slip and fall lawsuit when they hear about how an injury affected the accident victim and is an example of how a jury can value an injury.
If you, or someone you know, has been injured in a slip and fall on someone else’s property and suffered a serious injury, it is highly recommended you speak with an experienced Massachusetts injury attorney and litigator.