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Does this qualify as negligence for a trip and fall lawsuit?

Tulsa, OK |

The landlord contracted a roofing company which has serious safety violations. The employees do not use any safety equipment against falls. But more important, they dont have any safety measures for tenants. At the end of the stairs of my building, there is huge pieces of plastic covering the plants and grass from the debris coming from the roof. There is no yellow strip covering the area the debris are falling on. A neighbor tripped and fell due to these plastic covers they put on the ground and had to go to the doctor due to pain and bruises. Does he have a case for a lawsuit or settlement because of his fall due to the negligence of the roofing company? As said, there is not a yellow strip preventing people from walking under the falling debris or the plastic covering on the ground.

Attorney Answers 4


  1. 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.


  2. Your friend should see a local personal injury lawyer. The damages must be significant enough to warrant a lawsuit.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  3. 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.

    Good luck.

    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.


  4. 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.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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