Facts

On March 16, 2010, Robert Almes was exiting a children's clothing store when he stepped onto a concrete step and fell. He sued the property owner and operator of the store, claiming that they had failed to properly repair and/or maintain the area.

PLAINTIFF'S CONTENTIONS:
Almes' expert identified four code violations at the exit, including the lack of a landing and the lack of a railing. As a result, the violations created a dangerous condition.

DEFENDANT'S CONTENTIONS:
Defendants argued that Almes could not identify what caused him to fall and therefore could not establish that code violations were the cause of his accident.

Injuries

Almes sustained a tear to his right knee and a cut on the head.

Result

The jury found that the property owner was 70 percent negligent and that Almes was also 30 percent comparatively negligent. It found that the owner of the store, however, was not negligent and awarded Almes $35,000. His award was reduced to $24,500 because of the comparative liability offset.