Settlement for visitor after condo association and tenants failed to light pathway
Pre-trial settlement on behalf of a woman who suffered a significant ankle fracture when she fell after missing a step while walking down a dark pathway at a beach cottage. The cottage, located in Bourne on Cape Cod, was part of a large condominium association which failed to install lighting on the common pathways that weaved among the cottages, despite recommendations to do so years prior. In addition to the condo association, the plaintiff brought claims against the cottage tenants, as they knew of the poor lighting conditions and knew people would be on the pathway that night, but failed to turn on the exterior lighting for the cottage. The plaintiff underwent four surgeries on her ankle and has residual pain and stiffness nearly four years later.