Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)

Citation: Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Parent Document: Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Jurisdiction: Massachusetts (state)
Effective Date: 2005-08-12
Original Source: https://www.courtlistener.com/opinion/8355893/gifford-v-sears/ ↗

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In the evening on March 28, 2001, the plaintiff visited Mr. Gifford at his apartment. It was already dark upon the plaintiffs arrival. After fifteen minutes, the plaintiff exited the apartment. She proceeded down the walkway in the dark, fell down the stairway, and sustained injuries to both of her legs. It is alleged that the position of the stairs in which the plaintiff fell had no railings of any type and had no lighting of any type. The light switch, which controlled the light for the bottom half of the stairs was located at the bottom of the stairs. Therefore, while a person walking up the stairs would have the ability to turn the light on for the lower section of the stairs, a person walking down the steps would have no way to turn on the subject light until he or she had already reached the bottom of the staircase. DISCUSSION

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