Rental Property Slip and Fall Defense

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Case Summary: Plaintiff allegedly fell down a set of stairs in a two-story rental property located in the Poconos.  Defense counsel retained a civil engineer with DJS Associates, Inc., to determine the stairway’s compliance with building code requirements and industry standards.

Expert Analysis: Upon site inspection, the subject stairway was found to have treads that provide a slip-resistant walking surface.  The civil engineer noted that the stairway appeared to be well maintained and free of hazardous conditions.  A review of the local laws, codes, and industry standards was completed to further confirm that this stairway met the requirements described in the International Residential Code and the International Property Maintenance Code.

The civil engineer concluded, with a reasonable degree of engineering certainty, that the subject stairway offered a safe means for travel between the rental property’s first and second floors as currently configured. Because it did not pose unreasonable risk of harm, the civil engineer opined that the subject stairway was not responsible for causing Plaintiff’s accident.

Result: After the civil engineer provided Defense counsel with his written report and site inspection photos, the case moved to alternative dispute resolution.