The person that fell sustained some serious injuries to her shoulder and arm. She actually lost some use of the arm. She is still pursuing the matter. I am wondering if she has a case and if so, what kind of action would she have. Her attorney is pursuing it as personal injury based on the fact they must provide safe access and regardless of noteceable negligence, he says it is still negligence because of the previous incident.
Any opinions are welcom.
Whether the steps were dangerous is a question of fact in which a variety of sources of evidence are relevant. I think the fact someone recently fell down the steps is pretty good evidence the steps were dangerous. But maybe not, maybe lots of people use the steps and the accident happened a long time ago. Perhaps the previous injury happened when a kid tried to jump the steps on his skateboard. Another source of evidence would be building codes and customary building practices.