All over Alameda County, residents will see assorted types of construction. Sites in various stages of building or renovations are common in most communities. The day-to-day operations continue unnoticed most of the time. Premises liability issues come to the forefront, however, if someone suffers injuries as a result of hazardous conditions in or around the project.
There is a civil lawsuit pending that requests compensation in an undisclosed amount to cover medical expenses, lost wages and earning capacity, pain and suffering and other losses. The complaint was filed by a woman who allegedly tripped and fell on a sidewalk. According to her complaint, the fall occurred as she tried to step over wood that was piled across a neighborhood walkway. The construction company and its insurance company are named defendants in the suit.
A person walking on a normal path has an expectation of safety. In this all-to-common situation, it is alleged the construction company employees didn't properly maintain the work area. This created the dangerous property condition that resulted in the accident. Along with failing to secure and/or discard its workplace materials, the suit also accuses the company of negligence due to a failure to train its employees properly because the pathway obstruction was allowed.
The law provides an injured person with causes of action that can be included in a request for compensation. When people are injured through no fault of their own, many aspects of their lives are affected. The obvious needs include lost wages and medical expenses. The not-so-obvious needs are just as important. Loss of enjoyment of life, loss of love and affection, loss of consortium, mental and emotional distress, lost earning capacity and general damages are also claimed in the subject action.
It doesn't matter if the construction accident involves catastrophic injuries to several people or a trip and fall injury to one person. Recovery needs are important. Careful strategic understanding of options will open the door to meeting those needs when the responsible parties are held accountable.
Source: Louisiana Record, "Pedestrian sues construction company for obstacle that allegedly tripped her" Holland Phillips, Dec. 05, 2013