I tripped and fell in my apartment building in Westboro. I was going to the basement common area where there is a laundry room. The railing on the stairs have been broken for months. I had notified the landlord that the railing was broken but still he did not fix it and so I fell and broke my arm. The management company is saying I was contributorily negligent because I was carrying my laundry at the time. I was planning on hiring a trip and fall attorney but was wondering do I even have a case based on what the management company said?
It sounds as though you have a very strong case. It appears that based on the information that you provided the landlord clearly knew or should have known that there was a defective condition and failed to take reasonable steps. You would still be able to recover even if you were contributorily negligent (I don’t believe that you were) unless your negligence was greater than the landlord’s.
Westboro Trip and Fall Attorney Stephen Morte represents victims of accidents, negligence and malpractice in Westboro and the surrounding communities including: Northboro, Marlboro, Southboro, Hopkington, Upton, Grafton, Worcester and Shrewsbury, MA.
ATTORNEY STEPHEN G. MORTE
Westboro Trip and Fall Attorney
74 Main Street
Marlborough, MA 017520