Connecticut Jury Awards $2M to Man Who Fell Down Stairs, Fractured Skull

by Joseph C. Maya on Jun. 21, 2017

Accident & Injury Personal Injury Accident & Injury  Slip & Fall Accident 

Summary: A blog post about a case out of Stamford, CT in which a man who was renting rooms from the defendant and was severely injured in a fall down a flight of stairs.

Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries of those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.

A man who fractured his skull in a fall down a flight of stairs has been awarded $2 million by a Stamford jury.

Defendants owned a single-family house in Stamford that had a separate, side entrance leading up to two rooms and a shared bath. Plaintiff, 50, rented one of those rooms from Defendants. The stairway up to the rented rooms had between 12 and 15 steps.

On Saturday, Oct. 16, 2010, at about 9 p.m., Plaintiff fell down the stairs and hit his head. He was rushed to the hospital and diagnosed with a fractured skull. According to Plaintiff’s attorney, Plaintiff was at Stamford Hospital for six weeks and much of that time was spent in intensive care. Doctors performed surgery on his skull.

Plaintiff’s attorney declined to discuss exactly how the injury affected his client. But it reportedly caused cognitive and behavioral issues for Plaintiff, who lost his job as a window assembler after the injury. Plaintiff’s attorney said Plaintiff ended up moving back to his native Peru.

Plaintiff’s attorney later filed a premises liability lawsuit against Defendants on Plaintiff’s behalf. Plaintiff’s attorney said the stairwell was “a dangerous condition” as it did not have a handrail. “Failure to have a handrail is a very clear violation of building and fire safety codes as well as an ordinance in Stamford requiring handrails if you want to let premises,” said Plaintiff’s attorney.

Plaintiff’s attorney, whose practice focuses on premises liability, said he has seen these kinds of situations all too often. For instance, he said rather than replace an old unsafe staircase, landlords sometimes replace only one rotted step.

“I’ve seen it many, many times. Basic safety things they just don’t get done because maybe the landlord wants to save a few bucks,” said Plaintiff’s attorney. “This is not something you want to put off at the circumstance that someone gets seriously injured.”

The Defendant homeowners were initially self-represented in the case, but hired counsel as the trial date neared.  “The defense counsel acknowledges that the injuries were serious,” said Plaintiff’s attorney. “Because it was an unwitnessed fall and nobody knew the details around the fall, it made liability – from the defense’s point of view – the issue in the case.”

Defendants’ attorney  told the Stamford Advocate that the defendants could not afford an expert witness who would have testified at trial about Plaintiff being in an intoxicated state at the time of his fall.

Judge Edward Karazin, Jr. presided over the two-day trial in Stamford Superior Court. Neither side presented any expert witnesses. Plaintiff did not travel back from Peru to attend the trial. The jury deliberated for a few hours and then returned a verdict in favor of Plaintiff, though they also found him 10 percent at fault for his head injury. The jury awarded $2,247,709. Factoring in comparative negligence reduces the award to $2,022,938.

“They were a rather sophisticated jury,” said Plaintiff’s attorney. “I think they understood how important it was to have a handrail and they understood the seriousness of the injuries.”

Plaintiff’s attorney said the defendants had no liability insurance and only limited homeowner’s insurance. “Therefore collectability is an issue in the case,” said Plaintiff’s attorney, who has filed for a judgment lien to be placed on the property. Defendants’ attorney reportedly has said his clients will declare bankruptcy due to the jury award.

Plaintiff’s attorney said rather than the clichéd win-win situation one often hears about, this case was a “lose-lose” for all of the parties involved.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.


Source: CT Law Tribune

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