Security Guard Slips at Construction Site

Plaintiff, a 27 year-old woman, was injured when she slipped and fell as a result of loose gravel near a security booth at a construction site. Plaintiff was employed by a security company which was charged with the duty of providing security for the contractors and owners of the site.

The case was resolved in large part due to the talents of WRSH attorney Mitch Kahn, who was able to establish during depositions that although this was a construction site, the general contractor allowed gravel to be strewn about in the vicinity of the security booth the plaintiff used on a daily basis. Mitch was able to establish that the gravel in the area served no beneficial purpose, that it presented a tripping hazard and was a dangerous condition. The defendants knew about the dangerous condition and permitted it to exist, resulting in the plaintiff slipping and falling on the gravel.

Partner, Bill Hepner, argued that the gravel would tend to move under one’s foot, and caused a slipping condition similar to walking on marbles or ball bearings. Despite the fact that plaintiff had been at the construction site for over a year, and neither she nor anyone else had been hurt, Bill argued it was simply a matter of time. It was admitted by the defendant that they had knowledge of the condition, but neither the contractor’s employees, nor its expert, believed there was anything wrong with having the gravel at the site. They believed the area was what a normal construction site looked like. Mr. Hepner, as well as plaintiff’s expert, thought the defendants took an absurd position and at a non-binding mediation, the defendant realized that a jury would see it plaintiff’s way, resulting in the case settling for $950,000.

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