A Massachusetts court approved a jury’s determination Friday that even though the plaintiff had recognized that a platform in front of her door had been removed, that tripping hazard wasn’t open and obvious to the tenant several hours later.
The Massachusetts Appeals Court affirmed a nearly $281,000 jury verdict in a premises liability suit, concluding there was sufficient evidence to support the jury’s finding that a landlord created an unreasonably dangerous condition when she removed a platform without notifying the tenant. The platform bridged the gap between a wheelchair ramp and a door sill, and the plaintiff noticed the change during daylight hours, but fell several hours later at night. The three-judge panel determined there was sufficient evidence supporting the jury’s finding that removing the platform, absent adequate lighting, created an unreasonably dangerous condition that wasn’t open and obvious to the plaintiff.