A California jury has recently awarded a slip and fall victim $38.6 million in their case against a motel, after falling from a balcony and suffering traumatic brain injuries. According to the lawsuit, the victim fell from the balcony railing of the motel in which they were staying, which was discovered to be in violation of the state's building codes. According to related building codes, all railings are required to be at least 42 inches high, as engineers believe that such a height could prevent people that are taller than 5'7'' from accidentally falling. The motel railing that was used as evidence in the case was found to be only 34 inches high, however, causing the jury to determine that the property owners were 85% liable for the victim's subsequent injuries.
The case was not an easy one to win, as several important factors that could have also contributed to the accident were not overlooked. At the time of the fall, it was discovered that the victim was intoxicated with a blood alcohol concentration level that was three times the legal limit. In addition, there were no witnesses of the accident, and not even the victim could remember the fall, as they had suffered amnesia in lieu of the brain trauma that was sustained. Despite the uncertain circumstances of the case, however, it was decided that the inadequately constructed railing played a significant role in causing the individual's serious injuries.
If you have become the victim of a similar premises liability, whether you have been involved in a slip and fall accident or you have suffered a dog bite from your neighbor's dangerous pet, you too may be entitled to compensation. Determining liability is often the most complex matter of any personal injury case, but with the help of an experienced attorney, recovering the damages that you deserve is not as complicated as it may seem. For more information about the legal options that are available to you in the wake of a negligently caused accident, contact our firm today.
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