I know you must be stressed and overwhelmed with it being exam season combined with being in the midst of an ongoing pandemic. I want to remind you that everything will be okay; you will be okay; you will do well on your exams; you will graduate; and you will be well on your way to becoming a successful attorney. Only positive thoughts! I came across a very interesting case, one involving a banana peel! I thought you would be interested too, so give it a read!
In this case, the Plaintiff is a 53-year-old iron worker who was working at a construction site. On one particular occasion, the worker left his work area to get some supplies. On his way to get the supplies, he passed by an elevator that was in the, “up position with someone working on it”. The worker’s attention was drawn towards the mechanic working on the elevator. However, in the meantime, the worker slipped and fell on a banana peel. The Plaintiff suffered a shoulder injury which required a rotator cuff surgery and eventually, a full shoulder replacement. Unfortunately, the Plaintiff’s doctors said that the worker was permanently disabled from iron work.
The Plaintiff’s attorney filed an action against the prime contractor of the premises, claiming that the prime contractor had a duty to maintain the jobsite in a reasonably safe condition and free from all foreseeable hazard. The attorney further claimed that the prime contractor breached his duty by:
(1) failing to properly maintain the jobsite;
(2) failing to perform proper work and site inspections;
(3) failing to provide trash receptacles on the jobsite;
(4) allowing workers on the site to throw trash on the ground;
(5) failing to remedy any dangers on the jobsite;
(6) failing to ensure safe means of ingress and egress to designated work areas; and
(7) by failing to ensure that work was completed on the jobsite in a reasonably safe manner.
Defense argued that it, “did not and should not have had notice of the banana peel on the ground and that the Plaintiff should have been aware of where he was walking.” Eventually, the Plaintiff accepted a settlement totaling 1.6 million.
(Massachusetts Lawyers Weekly, Volume 49, No. 44)
What Are Your Thoughts on This Case?
NEGLIGENCE DUTY, BREACH, CAYSTION AND DAMAGES:
ReplyDeleteI agree with the settlement. I believe that if it is likely that the employee can prove that the defendant failed to act reasonably prudently to prevent the injury, for example was the banana left on site for enough period providing the employer had enough time to remove it? Or was it from someone who just discarded the banana peel on the ground? The defendants might argue they had not had enough time to realize the banana was there and to remove it. If on the other hand, the banana had been on the ground for enough length of time, the judge or jury may decide that the employer had a reasonable period to discovery the banana and remove it. Was poor lighting a factor or time of day? Also did the employer routinely keep a log noting that they checked the property for hazards? If there was no duty of reasonable care, then the employee should be granted the 1.6 m as his livelihood was impaired for future earnings.
CAUSATION
ReplyDeleteWow, great analysis! I agree with your response. One must look at all the contributing factors of negligence to decide whether a settlement of $1.6 million is reasonable. Unfortunately, I didn't come across how much light there was at the time or whether a log was kept in the regular course of business. However, I am assuming the place was well lit because it was an operational building with people inside. Thanks for contributing! Looking forward to more great responses from you!
ReplyDelete