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Premises Liability – Fall, Herniated Disc

Amount Of Award/Settlement

$390,000
Nature Of Case

Premises Liability; Negligent deck repairs.

Injuries Alleged

Herniated disc.

Court

N/A.

Attorney for Plaintiffs

PARKER | SCHEER LLP, Boston, Massachusetts

CASE SUMMARY:

Our premises liability attorneys took on a case where the plaintiff was caused to fall while descending a stairway on a recently repaired wooden staircase located on premises controlled by the defendant. The cause of the fall was a protruding nail that had been driven upward during the repair efforts earlier in the day. The protruding nail, which was estimated at approximately inches above the surface of the deck, was observed by several of the plaintiff’s co-workers, shortly after the fall had occurred. During discovery, the plaintiff’s counsel determined that the defendant had failed to obtain the building permits prior to performing the subject repairs. In addition, deposition of the city building inspector disclosed that the stairway, as repaired, was deficient in several respects, including the absence of a right side, descending handrail.

As a direct result of her fall, the plaintiff suffered a herniated disc, requiring her to undergo a laminectomy.

The case presented a number of premises liability issues, most significant of which were notice and causation with respect to the role of the missing handrail. Following a failed effort at mediation, the plaintiff served a 93A letter of demand upon the defendant, citing the statutory violation of the building code as a basis for the claim. Shortly thereafter, the defendant agreed to resume mediation whereupon the case was settled.

Have You Been Injured Due To Unsafe Premises?

Find out if you have a case. If you have suffered an injury due to a slip and fall, or other unsafe premises conditions, contact us for a free confidential case review and receive a response within hours, or call (617) 886-0500. If you need a lawyer outside of Massachusetts, contact us for a referral.

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Client Testimonials

M. S. 

I went to Parker and Scheer two years ago when I was hit riding my bicycle in NYC. This was a difficult and helpless time. Surgery was required and I didn’t have health insurance. I had never been through anything like this before and didn’t know where to turn...

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Andrea K.

Eric Parker saw the potential in my case and explored it in detail with patience and professionalism. He and his team achieved the outcome I was hoping for, and I can recommend Parker Scheer with absolute confidence.

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T.G.

I was referred to Parker|Scheer after my daughter was seriously injured in a car accident in November 2010. Deb and the firm of Parker|Scheer were nothing short of spectacular. If I ever need legal representation again, I would use them in a minute.

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Client Review on Avvo.

Great Lawyer – Attorney Tofani was referred to me through friends and was highly recommended. I found myself in a tough situation with no prior criminal history and not sure what to expect. Attorney Tofani was kind, professional and experienced in the system.

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A.Q.

I have worked with Eric Parker and Barry Scheer for over a over 15 years. I have recommended them to friends and family without disappointment. When you know that you have someone you can call on a moments notice, for any legal matter, it is a comfort...

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Matt S.

My case was very unique. Through his hard work and excellent skills, Attorney Tofani achieved the bestpossible outcome. I highly recommend Attorney Tofani.

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