This woman was a “local” suggesting she probably met her friends for breakfast there previously, was well-aware of the atrium stairs, and had no previous difficulties negotiating them. She obviously had no problem ascending the stairs that morning. The stairs were not defective and were open and obvious. The code requiring a railing sounds like it was intended for “stairwell”, not a sweeping atrium. Even if a railing had been there, it wouldn’t guarantee it would have prevented the fall. There is no indication anyone had put the hotel on notice of a hazardous condition.
I agree with you Jan! Furthermore, she was 78 years old!!! Some fly by night lawyer probably did this on a contingent basis with 40% paid to him plus the costs of his attorney fees. Anything to make money, huh? I’m sorry she died, but frivolous lawsuits need to be a thing of the past.
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This woman was a “local” suggesting she probably met her friends for breakfast there previously, was well-aware of the atrium stairs, and had no previous difficulties negotiating them. She obviously had no problem ascending the stairs that morning. The stairs were not defective and were open and obvious. The code requiring a railing sounds like it was intended for “stairwell”, not a sweeping atrium. Even if a railing had been there, it wouldn’t guarantee it would have prevented the fall. There is no indication anyone had put the hotel on notice of a hazardous condition.
I agree with you Jan! Furthermore, she was 78 years old!!! Some fly by night lawyer probably did this on a contingent basis with 40% paid to him plus the costs of his attorney fees. Anything to make money, huh? I’m sorry she died, but frivolous lawsuits need to be a thing of the past.