Oliva ex rel. Oliva v. Baum

SWANN, Judge.

The plaintiffs’ three year old son suffered a skull fracture with alleged resultant permanent brain damage when he fell from an outdoor staircase or landing on the third floor of the apartment house in which the plaintiffs lived. Negligence was alleged in the landlord’s allowing one or more of the following hazards to be on his premises:

a) Loose handrailings

b) Dangerous widely spaced handrailings

c) Improper placement of handrailing

d) Debris and foreign materials upon the steps

e) Construction or maintenance of an unsafe guard railing

f) Unsafe stairway

At trial, the plaintiffs…