Workers generally have the option to recover workers compensation for injuries sustained at the employer’s workplace. But many injuries such as those arising from a slip and fall accident occur at locations that are not controlled by the employer. In which case, a worker who is injured while working at another person’s premises should first determine the cause of his injuries and the person/s responsible for it.
In a recent slip and fall case, a California jury awarded compensation to an injured technician who was injured in the premises of his employer’s client. According to the lawsuit, the 54-year old technician was inspecting fire alarms on the premises of the employer’s client when he fell some 12 feet from an extension ladder supplied by the client’s maintenance supervisor.
Injuries From Slip and Fall
The technician sustained two broken feet, other orthopedic injuries, and a spinal injury that could no longer be corrected even with surgery. The technician sued the premises owner who supplied him with the extension ladder, alleging that:
- The defendant’s maintenance supervisor had incorrectly set up the ladder
- The maintenance supervisor failed to inspect and maintain the ladder
He also claimed that the supervisor’s negligence caused his slip and fall injuries for which the premises owner must be held liable.
In its defense, the defendant said that the plaintiff and his employer were to blame for the technician’s fall. The defendant maintained that the plaintiff should have used his employer’s ladder which he had brought to the site and that the plaintiff’s employer failed to train the technician on the proper use of the extension ladder.
After a two-day deliberation, the jury came out with a verdict amounting to $2.2 million which covered the plaintiff’s:
- Past and future non-economic losses
- Past and future lost wages
- Past and future medical expenses
Contributory Negligence
While the jury said that the premises owner was liable for most of the plaintiff’s injuries, they found that the plaintiff was partly at fault for his injuries but to a lesser degree than the defendant’s. The net award was thus reduced by 2%. The jury also found that the technician’s employer was 28% at fault.
If you or a family member has suffered severe injuries in a slip and fall accident at a construction site, it’s important to discuss all your legal options with an experienced personal injury attorney.
In Las Vegas, Nevada, the experienced personal injury lawyers at Bertoldo Carter Smith & Cullen have been helping injured clients and their families recover compensation for their slip and fall injuries. Our Firm will work very hard for you to obtain the true value of compensation that you legally deserve. If necessary, we are prepared to fight for your right to receive proper compensation before a jury.
We welcome your contact using the online form on this page, or call us today at (702) 505-8115 to schedule a consultation with one of our dedicated attorneys.