On Dec. 6, 2010, Jonas Seinfeld, a man in his 80s who had mild to moderate dementia, was discovered lying at the bottom of the entrance stairs of The Malibu Outrigger, a beach complex in Malibu. He suffered from a skull fracture and had no recollection of what occurred. There were no witnesses or security video of the incident. Seinfeld brought a claim against The Malibu Outrigger. He alleged the complex failed to properly maintain its stairs in violation of building codes, creating a dangerous condition. Claimant’s counsel contended that Seinfeld fell backwards while climbing the stairs. Thus, he asserted that The Malibu Outrigger was negligent for not having sufficient hand railings, as required by the building code. The Malibu Outrigger claimed that there was no evidence of how Seinfeld fell, so there was no proof as to whether railings would have made any difference., Seinfeld was taken to a hospital, where he was found to have sustained a fractured skull and resulting subdural hematoma. He underwent a craniotomy to evacuate the hematoma. Claimant’s counsel contended that Seinfeld’s accelerated his mild to moderate dementia, and converted his condition to advanced Alzheimer’s disease.