$2,000,000 Settlement After Construction Site Slip and Fall on Spilt Paint

Third-Party Lawsuit Against General Contractor and Sub Contractor. 

Early one morning before sunrise, our client, an electrician, walked through a dark hallway at a construction site simply trying to do his job.

What he didn’t know was that a paint machine had malfunctioned and spilled paint across the floor, creating a dangerous slipping hazard.

• No warning signs were placed.
• No cones were set out.
• Nobody blocked the hallway.

When our client reached the area of the spill, to his surprise, paint was on the ground. Before he can process the danger, his feet went into the paint.

He slipped and fell violently, suffering a catastrophic elbow injury that would permanently change the course of his life.

Our firm ultimately secured a $2,000,000 recovery through a third-party lawsuit against the general contractor and subcontractor responsible for the dangerous condition.

A Preventable Construction Site Hazard

At the time of the incident, our client was working as an apprentice electrician at a commercial construction site in Southern California.

While walking through a hallway to retrieve materials before the workday began, he unknowingly stepped into a large pool of paint that had spilled from a broken machine.

• The hazard had been created by equipment on the job site.
• But no one had cleaned it.
• No one had warned workers.
• And no safety precautions had been taken.

Without any notice of the hazard, our client slipped and fell, instinctively extending his arm to break the fall. The impact caused a severe fracture-dislocation of his elbow, requiring emergency medical treatment.

Construction sites can involve multiple companies working at the same time, including general contractors, subcontractors, and property owners. Each of these parties has a responsibility to maintain a safe environment for workers and others on the site.

Here, the painting company failed on many levels to follow its own safety protocols. The painters were using a high power airless paint sprayer. They had used the same sprayer and line for several months. They were required to inspect the lines to make sure there are no abrasions or punctures in the line. Admittedly, they failed to do so.

After several depositions, we were able to prove that the line was more than likely punctured before use that morning. Had the painters inspected the line before using it, they would have discovered the hole in the line and this entire incident would have been preventable. Instead, this one simple missed step caused our client to suffer a permanent injury that will impact him for the remainder of his life.

Although the facts may sound simple, the Defendants did not concede liability. From the start, the Defendants fabricated a defense that they verbally warned our client and had placed caution tape around the paint spill. We promptly filed suit and initiated an aggressive discovery plan. First, we deposed our client’s co-worker, who corroborated that our client was neither warned verbally nor was there any caution tape surrounding the spill. It became clear that the Defendants lacked credibility despite asserting their defenses under penalty of perjury. We then deposed several defendant employees who routinely contradicted each other. Ultimately, Defendant’s superintendent admitted in deposition that he committed perjury in discovery responses. Coincidentally, the only witness who alleged he warned our client was missing. Such statements are hearsay and not admissible in Court.

At that time, we knew we were in the driver seat and delivered a settlement that is 10 times the amount of what we rejected at an earlier mediation.

Catastrophic Arm Injury and Permanent Nerve Damage

The fall caused devastating trauma to our client’s dominant arm, including:

• Fracture-dislocation of the elbow
• Complex fracture of the ulna
• Ulnar nerve damage
• Cubital tunnel syndrome
• Loss of sensation in the hand and fingers

He required open reduction internal fixation (ORIF) surgery to stabilize the fractured bones.

Despite surgery and extensive rehabilitation, he continued to experience limitations.

When Workplace Injuries Lead to Third-Party Lawsuits

Many injured workers assume that if they are hurt on a job site, their only option is workers’ compensation.

But that is not always true.

In this case, our attorneys determined that the dangerous condition that caused the fall was created and controlled by other companies on the job site.

That meant the case could proceed as a third-party personal injury lawsuit against both the general contractor and a subcontractor responsible for the equipment and site safety.

Unlike workers’ compensation claims, third-party injury lawsuits allow injured workers to pursue the at-fault party for full general damages, including pain and suffering.

By pursuing this strategy, our firm was able to recover significantly more compensation than a workers’ compensation claim alone would have provided.

A Life Changed in an Instant

Before the accident, our client was building a career in the skilled trades.

After the fall, everything changed.

Because the injury affected his dominant hand, everyday tasks became extremely difficult. Simple activities like writing, showering, lifting objects, and even basic personal care now take far longer and require significant effort.

Despite returning to work, the physical limitations, combined with the emotional toll dramatically altered his life.

The fall caused an elbow fracture, requiring surgery.

While the injury happened at work, this was not just a workers’ compensation case.

Our attorneys pursued a third-party lawsuit against the general contractor and subcontractor for the dangerous work condition.

$2 Million Recovery

Through aggressive investigation and litigation strategy, our attorneys proved that the dangerous condition should never have existed and that the responsible parties failed to warn workers about the hazard.

By holding the general contractor responsible, our firm secured a $2,000,000 settlement for the injured electrician.

The recovery helps provide long-term financial security and support after a preventable accident caused permanent injury.

Injured on a Construction Site? You May Have More Than a Workers’ Comp Case

Construction site accidents often involve multiple companies and layers of responsibility.

That means injured workers may have third-party claims against contractors, subcontractors, property owners, or equipment companies in addition to workers’ compensation benefits.

Understanding these legal options can make a life-changing difference in the compensation available after a serious injury.

Get Samer On Your Side

If you or a loved one were injured at a construction site because of unsafe conditions or negligent contractors, you may have a third-party personal injury claim.

The Law Offices of Samer Habbas & Associates has recovered hundreds of millions of dollars for injured clients throughout California.

(949) 727-9300
HabbasPIlaw.com

Get Samer On Your Side.