Q: One dry and sunny morning, I arrived for work. Near the entrance, an employee of the janitorial service was cleaning the sidewalk, with a hose. Through the revolving doors, I entered the lobby. My toes were wet. I took several steps towards the elevator. No mats or runners were in place. On the marble floor, I slipped and fell.
A: A jury can reasonably conclude that the janitorial service created a dangerous condition in the course of cleaning the sidewalk by hosing down the perimeter of the building without taking precautions to keep water from being tracked onto the marble lobby floor.
Your attorney will argue that both the service and the owner failed to exercise reasonable care. In handling the situation of cleaning the sidewalk during a busy work morning, they failed to take reasonable precautions against the foreseeable risk of an accident.
True, an outside contractor like the service generally does not owe a noncontracting party a duty of care. However, an exception applies when a contractor fails to exercise reasonable care in the performance of its duties, thereby launching a force or instrument of harm. Your attorney will contend that the janitorial service, whose employee was responsible for cleaning the sidewalk that morning, launched a force of harm that caused your injuries.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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