I have a premises liability case where my client did not see a step down on an outdoor deck, fell and fractured her collar bone, which required surgery to repair. There are several challenges here. First, we have a liability problem, given that there really are no a lot of deck building codes. The safety small print states that if you have only one step down the you should place the wood of the deck in a different direction so people can actually perceive the step there. I am not convinced that gets me over the liability hurdle. In addition, the small cafe owners have put in writing to me that they had no insurance to cover the loss and, after doing an asset check, showed that the individual owners have no attachable assets. Time to say goodbye?