You asked an excellent question. An attorney could argue that the roofing company / contractor failed to secure the area and post adequate warnings as to the plastic covering and debris. Undoubtedly, the roofing company / contractor will argue that it followed proper safety conditions. The roofing company / contractor will further argue that it was an open and obvious condition. Typically, slip and fall cases are scrutinized and challenged by the contractors and insurance companies. There are certainly enough facts here to warrant a telephone call to a local personal injury attorney for advice and possible legal representation. You may need to contact a number of law firms before you find one to commit to representation. Good luck.
Your friend should see a local personal injury lawyer. The damages must be significant enough to warrant a lawsuit.
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While your friend may have a case against the roofing company for causing the trip and fall, any lawsuit would require damages that are more than bruising and associated pain. Depending on the seriousness of the medical treatment, that will determine if an attorney is interested in taking on their case.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
If the business owner knows or should have known of a dangerous condition on the premises that he or she knew was possible or "foreseeable" or could present a danger to patrons, then he or she is said to have a duty to exercise ordinary care in either:
1. removing the hazard; or
2 at the very least, warning of the hazard
The patron has an absolute right to assume that the business premises are reasonably safe unless there are obvious conditions or indications to the contrary of that assumption.
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