A Massachusetts arbitrator awarded $100,000.00 on February 24, 2011, for a patron who fell down the stairs at a restaurant breaking his leg. The patron briefly left the restaurant for a smoking break and was on his way back in when he was injured. Upon his return, the patron fell off the steep staircase, breaking one leg and severely spraining the other. Both injuries required significant medical treatment, including the placement of permanent pins in the broken leg.
The case was recently reported in Massachusetts Lawyers Weekly. The injured party argued that the steps on the property were too pitched and narrow to meet the building code and this defect was the proximate cause of injury. Circumstantial evidence showed the steps did not meet code based on the tapered perimeter of the stairway. Local building code enforcement authorities noted that the restaurant had been in violation of the code many times.
The arbitrator ruled that since the restaurant never discouraged smokers from using the area or warned of the potential danger, the owner had a legal obligation to ensure that the property remained free of hazards for patrons and met all building code standards. In total, the arbitrator awarded $100,000.00 in damages to the plaintiff. However, the plaintiff was found to be 40% comparatively negligent so the award was reduced to $60,000.
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