Defective Stairway - $175,000.00

Our client was a tenant of a large apartment complex who suffered a rotator cuff tear when she lost her footing and fell down a common area stairway. An investigation of the stairway’s condition was conducted by a building code expert and revealed multiple tripping and pacing cadence hazards. These included a missing hand rail, vertical stair risers that were not uniform and varied in vertical height from 5 7/8 inches to 7 5/8 inches, and rubber stair nosing that was detached and separating from a stair. 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 property owner. The case was settled shortly after a settlement demand package was sent to the insurance company.