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ARTICLE ID 195951

– Construction Site Negligence – Negligent supervision – Failure to provide for worker safety at construction site – Plaintiff is injured when he falls through an open hole in floor – Soft tissue injuries.

Middlesex County, MA

In this construction site negligence matter, the plaintiff worker alleged that the defendant contractor failed to provide proper safety at the work site. As a result, the plaintiff fell through an uncovered hole in the floor and injured himself. The defendant denied the allegations, and maintained that the plaintiff was responsible for his own injuries and damages.

The male plaintiff was working on a home renovation project where the defendant contractor was in charge of the work site. On the date of the incident, the plaintiff walked across the floor and fell into an open hole in the floor, injuring himself, including his back. The plaintiff brought suit against the defendant general contractor alleging negligence in failing to keep the work site in a safe condition, and permitting a dangerous condition to exist.

The defendant denied liability, and brought a third party complaint against the plaintiff’s employer. The defendant denied any liability to the plaintiff, and maintained that his injuries were solely caused by his own negligence. The defendant maintained that the plaintiff was the one who had removed the piece of wood that was covering the hole in the floor, and then later was the one to fall through the hole in the floor.

The parties could not resolve the plaintiff’s claim, and the matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the defendant. No damages were awarded.

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