A Sebastian business is being sued by a woman after tripping on a wooden step and alleging “mental and emotional distress.”
Karen Schultz, of Sebastian, is seeking damages of $15,000 plus attorney fees after she “tripped and fell due to a raised wooden step” at the Tiki Bar & Grill on May 30, 2019.
Schultz alleges the wooden step was poorly lit and deemed it “dangerous and hazardous” because it was in “disrepair with inconspicuous defects.” Court documents suggest the wooden step was “improperly placed and improperly marked” on the property.
Schultz’s attorney argues that the “step created a dangerous condition of which the [Tiki Bar & Grill] knew or should have known,” according to legal documents.
The Tiki Bar is accused of failing to warn patrons about the step and not exercising “reasonable care,” including “inconspicuous defects.”
Schultz “suffered bodily injury and resulting pain and suffering, disability, mental anguish, disfigurement, loss of capacity for the enjoyment of life, medical care and treatment, loss of earnings, and loss of ability to earn money in the past and in the future,” court records show.
“Additionally, [Schultz] has suffered mental and emotional distress,” according to the lawsuit.
To our knowledge, the wooden step is up to local code. We visited the Tiki Bar & Grill today and noticed the wooden step was painted with a yellow stripe, although not a requirement. The step is also lit with LED lights at night. The paint and the LED lights were installed long before Schultz allegedly tripped and fell on the step.
The owners of Tiki Bar & Grill didn’t comment on the lawsuit.
Schultz is represented by Graves Thomas Injury Law Group in Vero Beach.
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