A tenant's fall in her apartment bathroom has led to a lawsuit against the Scranton Housing Authority. On November 3, 2023, Diane Dale filed a complaint in the Court of Common Pleas of Lackawanna County, accusing the Scranton Housing Authority of negligence and seeking damages for injuries sustained from a faulty handicap bar.
According to the complaint filed by attorney Kevin M. Conaboy, Diane Dale, who resides at 100 Railroad Avenue, Peckville, Pennsylvania, rented apartment 211 in May 2023. On May 12, 2023, while using the bathroom and relying on a handicap bar affixed to the wall for support, Dale fell when the bar became dislodged. The fall resulted in significant injuries to her head, right shoulder, and both knees.
The lawsuit claims that the Scranton Housing Authority failed in its duty to ensure the safety and maintenance of the apartment's facilities. Specifically, it alleges that the housing authority was responsible for inspecting and maintaining the handicap bar but neglected this duty. "Defendant knew or should have known that Plaintiff would require a handicapped accessible bathroom," states the complaint.
Dale's legal team argues that this negligence falls under exceptions to Pennsylvania’s Tort Claims Act (42 Pa.C.S.A. § 8542), which allows for recovery of damages caused by negligent acts of local agencies. The complaint lists several specific allegations against Scranton Housing Authority: failing to properly install and maintain the handicap bar, not warning about its defective condition, and allowing a dangerous situation to persist.
As a result of these alleged failures, Dale claims she has incurred medical expenses and will continue to do so indefinitely. She also cites ongoing pain and suffering as well as an inability to enjoy life as she did before her injuries.
The plaintiff is seeking judgment in excess of arbitration limits plus interest and costs from Scranton Housing Authority. The case demands a jury trial to address these grievances.
Representing Diane Dale is attorney Kevin M. Conaboy from Abrahamsen, Conaboy & Abrahamsen P.C.
The case is presided over by Judge Mauri B. Kelly.