$400,000
Premises Liability, Fall
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Case Details
Our client was standing on the second floor, outdoor deck of his rental apartment. The outdoor lighting was not functioning. He was under the influence of alcohol. He heard a sound below, and leaned over the deck railing. As he did so, he lost his balance, flipped over the railing and fell to the composite deck below, severely injuring himself.
Additional Notes
Attorney Perrault retained a building code expert. Upon investigation, the railing in question was determined by our building code expert to be very low, accounting for why it failed to prevent the fall. Furthermore, a building permit had not been pulled when it was constructed. Attorney Perrault argued that the landlady intentionally kept the railing low so that renters would have a better ocean view - making the apartment easier to rent; and that this was more important to the landlady than the safety of renters. He further argued that proper railings were required for the safety of all who used the deck, even those who may have had a drink or two. The homeowner’s insurer of the landlady claimed that alcohol intoxication was the cause of the incident. After litigation, $400,000 was collected on behalf of our client.