Was it Really a Rock?

Q: Two coworkers and I were carrying a metal pipe on our shoulders across a muddy surface.  I tripped on an object that felt like a rock and lost my ability to support the pipe.  This caused my coworkers to drop it.  The pipe then jumped and hit me – on my left ear, neck and shoulder.

While I do not know exactly whether the object on which I tripped was a rock, I do recall that the dirt area where I fell was, for at least two weeks, wet, steeply sloped, uneven and covered with rocks and debris.

A: In a negligence suit against the general contractor, your attorney will argue that the area’s condition was dangerous and that its dangerous nature existed for a length of time sufficient for the contractor to inspect and remedy the danger.  The contractor is likely to counter that your recollection as to the dangerous condition needs to be more specific.

In rebuttal, your attorney will note that you need not establish precisely what specific piece of debris caused your injury (let alone how long that item had been lying there and the manner in which it came to be there).  The point is that you are not merely speculating.  Whatever caused your fall actually felt like a rock, whether or not it was precisely that.

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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