Our client, a 48-year-old retail manager, was entertaining friends on the second-story balcony of his San Francisco apartment. As he leaned against the railing it gave way, causing him to fall 10 feet to the concrete patio below and strike his head on the concrete.

Our safety expert determined the railing was dry-rotted and improperly affixed to the building with nails that had become corroded. We also discovered the staircase of which the balcony was a part had undergone renovation several years before our client’s accident, but the rotted condition of the railing was never discovered. Instead, the landlord painted over the railing and covered its defective condition.

Our client suffered physical injuries which included spinal and rib fractures and a head laceration.  He made a complete recovery from his physical injuries but, months after his fall, complained of a decline in his memory and cognitive abilities.  

We had him tested by neurological and neuropsychological experts, who demonstrated he had suffered a mild traumatic brain due to the fall. We argued that, although our client had recovered physically, he may suffer cognitive impairment for years to come, if not permanently. 

Minami Tamaki LLP Partner Mark Fong settled our client’s claim against his landlord for a total of $1,000,000.  As a happy end note, our client was able to purchase a home with the proceeds of his settlement, which will give him the stability and security he needs.