Trip and Fall on the Stairway of a Construction Site

WRSH Partner, Ken Halperin obtained a $1,000,000 settlement for our client, a 51 year old union tile and marble setter, who tripped and fell on the stairway of a construction site. Our client opened a door leading into a stairway on the site, stepped down, and realized there was no immediate footing under him. He fell to the floor, landing on his right knee and tried to brace himself with his left arm.

WRSH attorney Mitch Kahn was able to establish during depositions that during construction, the floors in the hallway were raised but the landing of the stairway had not been raised as of yet. Thus, there was an approximate ten inch drop to the landing which was located behind the door leading to the stairway. Mitch was able to establish during the safety supervisor's deposition that both cones and signs should have been placed in the area and on the stairway door, in order to warn workers that there was a height differential safety hazard behind the stairway door.

As a result of the accident, our client sustained a torn meniscus of his right knee, requiring arthroscopic surgery and a torn rotator cuff, requiring surgery as well as a herniated lumbar disc.

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