Trip and Fall Injury on Raised Surface

The Plaintiff, A 65-year-old woman was injured when she tripped and fell on a raised concrete surface in the lobby of a rehabilitation hospital while visiting a friend. As a result of falling, she landed on her shoulder, tearing her rotator cuff which led to surgery. The raised surface was light in color and blended with the surrounding floor. Plaintiff brought suit alleging that the raised concrete surface was poorly marked and designed, thereby making it unfit for pedestrian travel. The Defendant hospital argued that the raised concrete surface was open and obvious to its visitors and therefore was not responsible for the plaintiffs fall. Soon after filing suit, the case was mediated, and a significant settlement was obtained after the plaintiff was able to show that the defendant hospital took subsequent measures to alert its visitors of the raised surface and it was done at a minimal cost to the defendant.