Defective Stairway - $125,000.00

Our client rented a fourth floor apartment unit and suffered an ankle fracture when she lost her footing and fell down a common area stairway. An investigation of the condition of the stairway with a building code expert revealed the stairway included multiple tripping and pacing cadence hazards. These included a missing hand rail, stair tread depths that were not uniform and varied from 9 3/4 inches to 11 inches, and vertical stair risers that varied in vertical height from 6 3/4 inches to 9 inches. Claims were made for negligence, breach of the warranty of habitability, and breach of quiet enjoyment based on violations of the Massachusetts State Building Code and Massachusetts State Sanitary Code against the owner of the property. The case was settled shortly after a settlement demand package was sent to the insurance company.