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DEFENDANT’S Premises Liability – Hazardous Premises – Plaintiff falls on loose gravel and rock at a new home construction site – Right ankle compound fracture.

Allegheny County, PA

In this premises liability action, the plaintiff maintained that the defendant home owners were negligent in failing to warn of the dangerous condition of their property that was under construction. While delivering building material to the property, the plaintiff tripped and fell on loose rocks and gravel sustaining injury. The defendant home owners denied liability and argued that if anyone was negligent it was the general contractor in charge of construction. The general contractor denied all liability.

On July 2, ________, the male plaintiff was delivering a door to the defendant’s premises. The defendant’s residential property was under construction and the plaintiff was delivering the door for a third party supplier. While walking across the home site, the plaintiff was caused to trip and fall on an accumulation of gravel, dirt and construction material. The plaintiff sued the defendant property owners and they brought in the general contractor who was building the home as an additional defendant.

The plaintiff maintained that the defendants carelessly and negligently permitted and allowed the property to be in an unsafe and dangerous condition, failed to make a reasonable inspection of the parking area in order to reveal the existence of loose rocks and gravel, failed to offer business invitees with a safe passageway to traverse the property and failed to erect noticeable warning signs of the dangerous condition. As a result of the fall, the plaintiff suffered a compound fracture of the right ankle, nerve damage to the right foot and bruising and contusions to the right foot. The defendants denied all liability and brought in the general contractor as an additional defendant arguing that he was in control of the site and not the defendant homeowners who were not in possession of the premises.The jury found no negligence on the part of the defendant homeowners. The jury found that the defendant general contractor was negligent, but maintained that his negligence was not a factual cause of harm to the plaintiff.

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