The plaintiff tripped on it and suffered a trimallelor fracture, as shown in this illustration that we commissioned to be a trial exhibit. She had initial surgery to insert the hardware, and a second surgery to remove the large screw that you see pictured. She continues, over five years after the event, to suffer neurological pain in the ankle.
The plaintiff didn’t see the defect, as her attention was diverted to the acts of opening the door, insuring she didn’t bump into others entering/leaving, and by merchandise in the store that was specifically set up for the purpose of distraction. (If you don’t see it, you won’t buy it.)
The case settled in 2023 just before trial for $625,000.
A longer discussion of how such trips and falls occur — and a short minute and a half video of how a mere ½” change in a subway step causes innumerable people to trip and stumble – can be found here: Trips and Falls (And Expectations)
Other premises liability cases we have handled are here.
