The Grassy Slope
Q: While walking from the parking lot where I parked my car to the building in which I worked, I fell. I had been unable to use the walkway from the parking lot to the building because it had been damaged as a result of the conduct of construction workers in driving their vehicles over it. Because the walkway was impassable, I was forced to walk on a grassy slope adjacent to the walkway. I fell while attempting to walk up this slope.
A: The construction company is likely to argue that its contract with the owners does not give rise to tort liability in favor of a mere third party, like you. Your attorney will work to establish that here the law is otherwise: the construction company, having negligently created or exacerbated a dangerous condition is liable for any resulting injury. Even if the walkway was in rough shape before the company’s workers drove their vehicles over it, the dangerous condition was exacerbated by the workers’ conduct.
The company may also contend that your choice to walk on the grassy slope was the ‘sole proximate cause’ of your injuries. Its attorneys will say that you fell in an area far away from the damaged walkway and that you should have taken a path to the building other than the grassy slope. Your attorney will strive to convince the jury otherwise: no, you did as well as any reasonable person would. There was indeed a causal connection between the workers’ negligence and 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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