The Case
A woman was walking on a property when she stepped into a hole that was hidden by leaves. The concealed hazard caused her to fall, fracturing her foot. The fracture required surgery.
Following the surgery, the woman developed complex regional pain syndrome (CRPS)—a chronic pain condition that can develop after an injury or surgery. CRPS causes severe, burning pain that is disproportionate to the original injury. The condition can affect mobility, sleep, and quality of life for years or indefinitely.
Evidence showed that the defect in the walking surface had existed for a long time before the incident. Property owners have a duty to inspect their property for hazards and either repair them or warn visitors about them. When a dangerous condition exists for an extended period, it suggests the owner knew or should have known about it.
The plaintiff pursued a premises liability claim based on the property owner’s failure to maintain safe walking surfaces or warn of the hidden hazard.
The Resolution
The case settled for $3,000,000. The settlement reflected the severity of the CRPS diagnosis, the permanent nature of chronic pain, and the evidence that the property owner allowed a known hazard to persist without correction or warning.
Why These Cases Matter
Complex regional pain syndrome can turn what appears to be a relatively minor injury—a foot fracture—into a lifetime of severe, unrelenting pain. CRPS is not fully understood, has no cure, and can be resistant to treatment.
Property owners must maintain their premises in a reasonably safe condition. When a hazard like a hole in a walkway exists for weeks, months, or years, the owner cannot claim ignorance. Regular inspection and maintenance would have revealed the problem.
Hidden hazards—like holes concealed by leaves—are particularly dangerous because visitors have no opportunity to avoid them. Unlike an obvious defect that someone might step around, a hidden hazard creates no warning until it is too late.
If you or a family member suffered a serious injury due to a property hazard that should have been repaired or marked, contact us to discuss whether you have a case. We handle premises liability cases on a contingency basis—there is no fee unless we recover compensation for you.