Fall on Stairs by Worker Servicing Pool Leads to $15 Million Settlement

All property owners have a duty to remove or identify hazards that could cause a visitor to the premises to suffer a serious injury. This responsibility is especially important on stairs, where the impact of a fall might be more severe than that of a similar accident on level ground. As an example, after the stairs gave way on a pool service worker at a luxury condominium complex in Hudson County, he has never been the same, and the liable defendants ended up paying an eight-figure settlement. 

James Visconti, a 59-year-old from Saddle Brook, suffered severe injuries when a wooden stairway collapsed beneath him at the Harmon Cove IV community pool in Secaucus. He was on stairs leading to an equipment storage room when the tread detached from the stringer, causing him to fall on his back. Given the nature of the incident, the condominium complex and its management company had no real defense to Visconti’s premises liability claim. Accordingly, he was granted partial summary judgment.

According to a pain management specialist, Visconti experienced complex regional pain syndrome after the accident, which is characterized by intense pain beyond what might be typical for a particular injury. He underwent more than 100 medical procedures in effort to heal his back, ankle and foot. Moreover, the efforts he made to compensate for his condition led to a meniscal tear in his left knee. After mediation, the parties agreed to a $15 million settlement. 

Unstable walking surfaces can result from one or more of the following factors:

• Structural deterioration — Rotting wood, rusted metal or cracked concrete can weaken stairs and platforms.
• Poor maintenance — Failing to repair loose floorboards, broken tiles or ruts might trigger a slip and fall incident.  
• Slick conditions — Unattended spills, ice and wet surfaces create hazards.
• Improper construction —Faulty design or installation of walking surfaces can lead to structural failures.

Under premises liability law, property owners and managers are required to keep their premises reasonably safe. This responsibility includes regularly inspecting and maintaining walking surfaces to prevent hazards. If an injury occurs due to unsafe conditions, the property owner may be held liable if they were aware, or should have been aware, of the hazard and failed to address it.

If you or a loved one has been injured due to unsafe walking surfaces, Kevin T. Kutyla, Esq. in Succasunna is an experienced personal injury attorney who can help. I have secured substantial settlements and verdicts in New Jersey premises liability cases. If you’re in Morris, Sussex or another nearby county, please call 973-940-8970 or contact me online.