A seemingly simple act – retrieving a dog poop bag – led to a multi-million dollar lawsuit and a major safety upgrade at a Santa Cruz apartment complex.
In 2014, Nancy Gambino, a resident of Cypress Point Apartments, took a seemingly harmless walk with her two dogs. One of her dogs did its business on a grassy area, and without a bag on hand, Gambino decided to fetch one from a nearby pet waste station.
What seemed like a minor inconvenience turned into a nightmare. The path to the pet waste station was across a wet, muddy patch of grass. Attempting to navigate the treacherous terrain, Gambino lost her footing, fell, and suffered a severe ankle fracture.
More to the story
This was not a simple slip and fall. The injury required multiple surgeries, ultimately leading to a chronic pain condition known as CRPS. Gambino could no longer care for her elderly mother and had to abandon her plans to return to work as a restaurant manager.
Gambino filed a lawsuit against the apartment complex owners, Cypress Point RE Investors, LLC, and the management company, Braddock & Logan Services, Inc.
She argued that the placement of the pet waste station – in the middle of a grassy area prone to mud and holes – was a design flaw that created a foreseeable risk of injury.
The defense countered that the wet conditions were obvious due to recent rain, and the risks were apparent to anyone. However, after a six-day trial, the jury sided with Gambino, awarding her a substantial $2.7 million verdict.
But there was a catch: the jury also found Gambino 75% at fault for her injuries, reducing her final award to $695,366.25. While this was less than the initial verdict, it still represented a significant victory for Gambino and a wake-up call for the apartment complex.
Key Takeaways:
- Hidden Dangers: This case highlights the importance of considering all potential risks on a property, even those that may seem minor or obvious. Wet grass, especially with hidden holes or uneven terrain, can pose a serious hazard.
- Design Flaws: Property owners and managers have a responsibility to design common areas in a way that minimizes the risk of injury. This may involve placing amenities like pet waste stations in accessible locations or providing clear pathways to them.
- Comparative Negligence: Even if you’re partially at fault for an accident, you may still be able to recover damages. The amount will be reduced based on your percentage of fault, but it’s still possible to receive compensation for your injuries.
- The Power of Expert Testimony: Gambino’s case was strengthened by the testimony of experts who explained the design flaws and the foreseeable risks they created. If you’re involved in a similar lawsuit, expert witnesses can be crucial in proving your case.
Post-Verdict Changes:
Interestingly, after the verdict, the pet waste station was moved to a location next to a concrete walkway – exactly where Gambino’s experts had recommended. This demonstrates the impact of litigation on improving safety standards and preventing future accidents.
Your Rights as a Tenant:
If you’ve been injured in a slip and fall accident on your rental property, don’t assume it’s automatically your fault. Investigate whether there were any hidden dangers or design flaws that contributed to the incident.
Consult with an attorney to understand your rights and explore potential legal options. Remember, even if you bear some responsibility, you may still be entitled to compensation.
This case serves as a reminder that even seemingly minor hazards can have significant consequences.
By understanding your rights and taking appropriate action, you can hold negligent parties accountable and ensure safer environments for everyone.
Disclaimer: This information is sourced from Jury Verdict Alert
