Traumatic brain injury as a result of fall on defective patio stairs

Shortly after arriving at a short-term rental vacation property, the 77-year-old plaintiff was walking up the stone steps from the backyard patio to the home. On the stairs, she lost her balance and fell, landing on her back and hitting her head against the flagstone patio. The plaintiff sustained a significant traumatic brain injury. She underwent surgery to address her hemorrhages; was discharged to a rehab hospital for a month; and spent an additional month at a nursing home. Since her injury, her ability to care for herself declined rapidly, she experienced worsening medical issues, and her husband of over fifty years became her caretaker.

Suit was filed against the owners of the vacation rental property and the company that rented it. SUGARMAN’s attorneys, with support from a Building Code expert, maintained that the failure of the stone patio steps to have handrails was a violation of the Massachusetts Building Code. The case settled at mediation during discovery in the lawsuit.