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Our client was working in a large commercial office building when she slipped and fell while descending an interior stairway resulting in a displaced fracture of her left 5th metatarsal. An investigation of the condition of the stairway with a building code expert revealed the stairway included treads that were significantly neglected and dilapidated, rubber tread covers that were cracked and broken, treads and risers that lacked dimensional uniformity, and a railing that was not graspable. The client unfortunately developed Chronic Regional Pain Syndrome as a result of her injury and had to undergo multiple surgeries including surgical implantation of a spinal cord stimulator. We filed a lawsuit against the owner of the building for negligence and strict liability due to multiple building code violations pursuant to M.G.L. c. 143 s. 51. We also retained her treating pain management doctor as an expert to provide an opinion on causation, prognosis and permanency. The case settled shortly after an extensive amount of written discovery and multiple depositions.
