Flower Shop Fall Claim Falls Flat

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Case Summary: Plaintiff, a female adult, lost her footing and fell while leaving a flower shop.  At the time of the alleged fall, the subject entrance consisted of a poured concrete landing and sidewalk.  Plaintiff stated that the exit landing was defective in her subsequent complaint. 

Expert Analysis: A civil engineer with DJS Associates, Inc. was retained by Defense counsel to opine on whether the subject exit’s conditions posed an unreasonable risk of harm.  Key factors included the civil engineer’s inspection of the property, to view its current condition firsthand, and research into the history of the building and the subject stairway, landing, and entrance.

The poured concrete landing at the subject exit appeared to be the original construction, meaning that the subject landing had been in place for at least 36 years at the time of the incident.  According to township records, the flower shop owners had occupied the premises since 1988.

The International Property Maintenance Code (IPMC) is part of the International Code Council (ICC) codes adopted for use by the state and township where the flower shop is located.  The IPMC delegates the enforcement and interpretation of the code requirements to the code enforcement official.  It states, “all sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.”  

After inspecting the premises, the civil engineer concluded within a reasonable degree of engineering certainty that the subject property, entrance, and landing were properly maintained and kept free of hazardous conditions as required by the IPMC codes.  

Conclusion: The civil engineer found that the subject entrance provided a safe means to enter and exit the building in compliance with applicable laws, code requirements, and industry standards.