Yellow Brick Road
Q: One day, in my work as a deliveryman, I stopped at a yellow house that was frequently on my route. Five months earlier, a contractor had renovated the driveway. The old one consisted of cement; the new one, of yellow-colored cobblestones.
Stepping from the roadway to the driveway, I tripped and fell – knocking against a yellow wooden lamp post, which supported a heavy yellow iron lantern. The post was merely planted in the ground, instead of anchored by concrete, and so the lantern tumbled from its perch, onto me.
Afterwards, we went back and measured the lip of the driveway. It is three inches higher than the gutter line. Generally speaking, the difference in this neighborhood is little more than an inch and a half.
Can I sue the contractor who put in the driveway? What about the one who put in the lamp post?
A: In failing to exercise reasonable care in the performance of its duties, each of these contractors launched a ‘force or instrument of harm’. One actively caused the lip of the driveway to become a hazardous condition, by making it too high. The other was negligent in installing so heavy a lantern, without better making sure of its support.
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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