On September 30, 2020, a Galveston County resident filed a complaint in the Galveston County District Court against Lipworth Revocable Trust and 2006 Boatown Storage, Inc. (hereinafter “Defendants”). The woman asserts allegations for negligence and premises defect against Defendants as a result of an incident that caused a fracture to her arm necessitating emergency surgery, among other injuries, after a metal door violently struck her to the ground.
On May 12, 2020, according to the lawsuit, the woman sustained serious personal injuries at Boatown Storage, a property owned by Defendant Lipworth Revocable Trust and operated by Defendant 2006 Boatown Storage. The woman sustained such injuries when, while on the property, a gust of wind caused a rusted, deteriorated and corrugated metal door to violently strike the woman in the back and caused her to fall face down to the ground. The fall caused a gash and fracture to the woman’s elbow and further caused a gash and injury to her leg. The fracture to her arm required emergency surgery and the woman sustained multiple infections and three additional surgeries as a result of the gash in her leg.
The woman claims the incident was the result of an improperly designed or maintained mechanism on the metal door that would have properly secured it and further prevented such an incident from occurring. She further claims the incident occurred because the door itself was improperly maintained.
In her lawsuit, the woman contends Defendants failed to warn or make safe the dangerous conditions about which it knew or could have discovered through a reasonable inspection of the premises. The woman further alleges the injuries and damages she sustained were a direct proximate result caused by Defendants’ negligence. Specifically, the woman claims the metal door was not properly maintained and the mechanism to secure the door open was improperly designed or maintained-and further that Defendants would have discovered these conditions and the unreasonable risk of harm such conditions presented to invitees of the premises.
At all times necessary, Defendants had a duty to keep and maintain the premises-including the door and mechanism securing the door-in a safe condition. Due to the condition of the mechanism on the door-and the door itself-the woman claims, the premises was not indeed safe for invitees, such as the woman.
The woman seeks monetary relief for damages resulting from, among others, past and future medical bills and expenses, physical pain and suffering, mental anguish, physical impairment and disfigurement, loss of earning capacity, loss of consortium and loss of household services, among others. The woman is seeking monetary relief in an amount over $1,000,000.00.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at (713) 222-7211 or toll free at 713-222-7211.