Boca Raton Landlord Liable for Resident's Fall Down Stairs
A jury awards $206,443 to a retiree who claimed a stairway handrail came loose and ruined his active lifestyle.
May 29, 2018 at 09:00 AM
1 minute read
PREMISES LIABILITY
Palm Beach Circuit Court
A jury found the owner of a Boca Raton apartment complex liable for the injuries of a retiree who fell down a flight of stairs.
In 2015, Leonard Merzel, 70, was at the Boca Bend Marina apartment complex when he claimed a handrail on the stairs came loose and he fell backward. He said he suffered spinal herniations, which forced him to abandon his active lifestyle. Merzel alleged the complex owner, Boca Bend LLC, negligently maintained the premises.
Boca Bend denied knowledge of the handrail condition and challenged Merzel's credibility. An expert engineer said people typically fall forward, not backward, and if Merzel had fallen backward, he would have suffered a more serious injury. The jury awarded Merzel $206,443.
Case: Merzel v. Boca Bend
Case No.: 50-2016-CA-010379-XXXX-MB
Plaintiffs attorney: Richard E. Retamar, Retamar & Millian, Deerfield Beach
Defense attorney: Fred L. Fulmer. Fred Land Fulmer P.A., Fort Lauderdale
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