In 2023, in the evening, our client was walking outside her rental unit, socializing with a few people, when she suddenly and without warning tripped over protruding foundation elements and rocks sticking up from the walkway. Our client had been a long-term tenant for five years when a dangerous condition on the premises changed her life.
The defective and uneven cement walkway created a dangerous trap for residents and visitors who had no way to anticipate or avoid the hazardous condition, particularly in the evening hours when visibility was reduced. This preventable accident was the direct result of the property owner’s negligence in maintaining safe walking surfaces.
Clear Evidence of Property Owner Negligence
This case represents a clear violation of the property owner’s duty to maintain safe premises for residents and guests.
Some of the dangerous property conditions included:
- Uneven, defective cement in the walkway created tripping hazards
- Foundation elements protruding above ground level
- Rocks and debris sticking up from walking surfaces
- Failure to repair known dangerous conditions on the property
- Inadequate lighting or warning signs for hazardous areas
Some of the evidence of premises liability included:
- The property owner had actual or constructive notice of dangerous conditions
- Five-year resident status demonstrates the owner’s duty of care to the long-term tenant
- Witness observation of the immediate aftermath by the property owner’s family
- There was a clear causal connection between dangerous conditions and serious injuries
The Fall Caused Severe and Life-Altering Injuries
The violent fall onto the uneven walkway caused our client to suffer a serious knee fracture that required extensive medical treatment, which included:
- Tibial plateau fracture (fractured kneecap)
- Severe pain
- Significant swelling in the right knee, leg, and foot
- Acute mobility limitations requiring immediate medical intervention
- Extensive bruising from the thigh down throughout the entire leg
Some secondary complications that our client dealt with included:
- Black and blue discoloration
- Complete loss of independent mobility
- Functional impairment affecting all daily activities
Our Client Required Extensive Physical Therapy and Rehabilitation
The complex nature of the fracture required months of intensive rehabilitation, including a comprehensive physical therapy program to treat several mobility challenges, including:
- Complete dependence on assistive devices for movement
- Inability to bear weight on the affected leg for extended periods
- Significant difficulty with stairs and uneven surfaces
- Loss of independence in basic daily activities and self-care
Some of the physical and functional limitations our client experienced included:
- Complete loss of independent mobility requiring a wheelchair and crutches
- Inability to perform basic self-care tasks without assistance
- Severe ongoing pain affecting sleep and quality of life
- Permanent limitations in knee function and stability
- Increased risk of future falls and re-injury
Additionally, this led to our client facing a potential eviction and suffering from severe anxiety and fear about future falls and housing security.
DiBella Secured a Successful $60,000 Settlement
Our legal team successfully negotiated a $60,000 settlement that provided compensation for our client’s premises liability injuries and their impact on her housing security and daily functioning. This result reflects the serious nature of tibial plateau fractures and the clear liability of the property owner who failed to maintain safe walking surfaces for long-term residents.
Protecting Residents from Dangerous Property Conditions
Premises liability cases in Massachusetts involving dangerous walkway conditions require immediate legal action to ensure property owners maintain safe conditions for residents and visitors. Long-term residents deserve particular protection from hazardous conditions that develop over time.
Our legal team understands the serious consequences of premises liability accidents and the unique challenges faced by victims with fractures affecting mobility and independence. We are committed to holding negligent property owners accountable and ensuring that injured residents receive compensation for their injuries.
Massachusetts premises liability law provides protection by:
- Requiring property owners to maintain safe conditions for residents and guests
- Holding owners liable for dangerous conditions they knew or should have known about
- Ensuring compensation for both economic and non-economic damages
- Protecting long-term residents who rely on safe housing conditions
The Importance of Property Maintenance
This case highlights the critical importance of proper property maintenance, especially for walkways and common areas where residents must travel daily. When property owners fail to address dangerous conditions like protruding foundation elements and uneven surfaces, the consequences can be devastating for innocent residents.
Tibial plateau fractures are particularly serious because they affect the weight-bearing capacity of the knee joint, often resulting in permanent limitations and increased risk of future problems. The extensive rehabilitation required often provides only partial restoration of function, leaving victims with chronic pain and mobility challenges.
If you or a loved one has been injured due to dangerous conditions on someone else’s property, our experienced legal team is here to help. We will thoroughly investigate the property conditions, document the hazards, and fight for the full compensation you deserve under Massachusetts law.
Contact us today for a free consultation to discuss your premises liability case and learn about your legal rights.
Past results do not guarantee future outcomes. Each case is unique and results depend on specific facts and circumstances. This case result is provided for informational purposes only and does not constitute legal advice.