A mall patron was exiting a store and stepped on a broken curb next to the main drive and fell and sustained a serious fracture requiring major surgery and a lengthy rehabilitation.

Our investigation revealed the curb was in disrepair and that the mall had painted over the broken curb instead of repairing the curb. The paint over made the defect in the curb difficult to see, especially since most people are focusing on not getting run over by traffic when they are about to enter the a traffic lane. The deficiencies in the curb were in violation of municipal codes and industry standards. The mall settled with our client during litigation.