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ChatIn a noteworthy jury trial, the trial team at Bottaro Injury Lawyers scored a major victory at Bristol County Superior Court. Bottaro Injury Lawyers represents a woman who suffered multiple fractures resulting in three surgeries when a railing collapsed at her daughter’s tenement building in a Fall River, Massachusetts stairway accident.
This case was unique in that the Defendants, through their counsel, agreed in the middle of the trial to a “consent judgment” totaling $2.25 million. They also agreed to assign their rights to a future bad faith lawsuit against their own insurance company for their alleged mishandling of our client’s case. Under Massachusetts insurance law, this future lawsuit is known as a “93A bad faith lawsuit,” named after the statute.
At Bottaro Injury Lawyers, we care about our premises liability clients. One subset of premises liability law, often referred to as “slip and fall” cases, land our clients in pain at the hands of at-fault property owners.
MA Trip and Fall Law: Bottaro Holds Landlord Responsible For Collapsed Railing And Unsafe Stairway
Our client is a retired school teacher who was concerned for her daughter’s well-being. On the day in question, our client visited her daughter’s apartment to help with laundry. For the first time, she went down the basement stairs to work on the laundry.
At trial, the Plaintiff’s expert witness, a former building inspector, testified that the stairs and railing violated several building codes and were quite unsafe. In fact, there was evidence that the stairs and railing never passed any building inspection.
This led to the client walking up the stairs and suddenly falling. As she reached for the railing, it collapsed, sending her crashing down onto the concrete floor.
Pictured above is the faulty handrail our client relied on to safetly exit the basement-level laundry room. It broke as soon as she went to use it!
Massachusetts Personal Injury Law: Unsafe Property Results In Complex Fractures, Multiple Surgeries, And Hospital Stays
In immediate pain, ambulance responders rushed her to the hospital. There, medical professionals diagnosed our client with several serious personal injuries from the trip and fall. Three surgeries later, our client needed extensive inpatient and outpatient rehabilitation, and to date, our testifying medical expert witness opined that she has residual impairments.
Massachusetts Trial Lawyers: Bottaro Injury Lawyers Are Ready And Fight In Court
As the case developed, we learned a great deal through the discovery process. Working with a great team of expert witnesses, we put together a strong case after depositions and subpoenas for documents.
Despite giving the Landlords’ insurance company several opportunities over the years to settle all claims before trial for a reasonable amount, the insurer chose to essentially ignore this case.
Massachusetts’s bad faith law is complex. As the case developed, it began to appear that the insurance company’s conduct rose to the level of what is considered “bad faith.”
The parties prepared for trial and began several days of the trial. Before a jury verdict was reached, the parties made a unique agreement for a “judgment” to enter against the Defendants. Under the terms of this judgment, the Plaintiff and Defendants are now free to bring a future lawsuit against the Landlords’ insurance company. That case will be up next.
Premises liability law changes depending on the state the accident occurred in. So if you are from out-of-town, you need to contact a state-specific personal injury attorney to handle your out-of-state fall.
In this case, involving Massachusetts premises liability law, we alleged that the property owners failed to keep its property in a reasonably safe condition and that caused Plaintiff’s significant injuries.
Pictured is the stairway in question. As experienced personal injury attorneys in premises liability cases, we helped our client by retaining an expert witness to inspect the premises.
Every premises liability case is different, and results vary depending on a multitude of factors. It never hurts to give your local MA and RI personal injury attorney a call to see how they can help. We look forward to hearing from you about your Massachusetts stairway accident, or any other personal injury you need help navigating!
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. This includes Massachusetts stairway accident cases. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!
