MIAMI (CBSMiami) – A Miami couple who fell through a second floor landing at their apartment building on Tuesday plan to sue the building’s landlord over safety issues.
Attorney Jorge P. Gutierrez Jr., who represents Rene Cerrato and his wife Tanya Benavides, claims their were certain building issues which the tenants complained about which should have been addressed by the landlord which would have prevented the landing giving way beneath their feet.
“Staircases are not supposed to fall out of the second floor. It’s something that any reasonable person can determine, that’s just not supposed to happen,” said Jorge Gutierrez, Jr.
Rene Cerrato and his wife, Tanya Benavides were returning home with their 5-year-old son Tuesday evening when the stairwell collapsed dropping them ten feet to the ground below.
The incident left Cerrato confined to a back brace with neck and back injuries while his wife suffered a broken ankle and neck injuries. Fortunately, their son was left uninjured.
Cerrato, remains hospitalized at Jackson Memorial Hospital with back pain while his wife was released from the hospital on crutches.
The upstairs unit of the building, located in the 400 block of NE 29th Street, has been declared off limits by Miami building inspector Rey Benitez because of the condition of the landing leading to it.