Wet concrete and no signs equals broken leg
- Monday, 30 March 2015 22:44
You were walking straight ahead, eyes to the right, while window-shopping. You took one step, felt mud, and felt your leg snap when you fell. You fractured the lower end of your tibia, and had to have it surgically repaired with a plate and screws. The scarring is permanent. It hurts like the devil when temperatures get under the 60s. Your gait isn’t the same as it used to be. The city that owns the sidewalk says they’re not responsible, and the store that the sidewalk was in front of says it’s the city’s problem. It’s somebody’s problem, and you deserve to be compensated. There weren’t even signs or barriers in front or around the wet concrete. You learn the company that put down the new concrete before it dried removed them.
You probably have a negligence case against the concrete company that laid down and finished the concrete. In order to prove negligence by the concrete company, two of the things that we as lawyers need to prove are a duty and a standard of care. A duty must be shown by the concrete company to warn the general public of the danger of the wet concrete on the sidewalk that the public is approaching. The standard of care for warning of that duty would be to place barriers around the wet concrete with appropriate warning signs, and possibly even taping off the area between the barriers with yellow crime scene-like tape to keep the public from trying to use the sidewalk. None of this was done. Under these circumstances, there’s a strong case for a breach of a duty to warn and a significant deviation from the standard of care.
Assuming that negligence is indeed proven, the damages elements of the case are next. Permissible damages in personal injury cases ordinarily include but are not necessarily limited to medical bills reasonably incurred as a result of the occurrence, lost earnings, pain and suffering, permanent disability and permanent disfigurement.
The attorneys for the concrete company will try to make matters stickier by alleging you were negligent by failing to see the wet concrete in front of you. That issue might turn somewhat on the time of day and lighting conditions at time of the fall. Wet concrete can often look like perfectly dry concrete, particularly if nobody has stepped in it and fallen into it. Before digging into a sticky case like this contact
an experienced attorney at Berkshire Ginsberg!