Eastern Suburbs head contractor sued in negligence by invitee on a work site

PUBLISHED 12 Jan 2016

Our client was a 78 year old male who was a lawful entrant and invitee on a residential construction site in Paddington.

The head contractor had entered into a contract of insurance with the insurer in which it agreed to indemnify the Insurer against any liability to pay damages or compensation.

The insured was the principle contactor of a residential construction site located in the eastern suburbs in Paddington.

The head contractor was vested with the care, control and management of the premises.

Our client was invited to the premises, and whilst moving about the premises his left calf came into contact with a pile of debris consisting of a number of bricks and tiles resulting in a severe laceration to his left calf.

As a result of the accident, our client suffered a severe laceration to his left calf, left leg, and nerve damage his lower left leg as well as psychological injury.

It was alleged that the injury, loss and damage was caused by the negligence of the Insured in that they had failed to ensure that the debris was disposed of safely, failed to ensure that he debris was not left out in the open, failed to provide a skip bin, and failed to warn our client that hazardous debris had not been disposed of safely.

Our client was taken by ambulance to St Vincent’s Hospital wherein he required an operation to his left calf which had a laceration of 15cm long and deep to the bone. The head contractor through its insurer was sued in negligence based upon the policy of insurance.

The medical evidence had revealed that our client had suffered damage to the nerves of the muscles of the left calf/left leg and that these had adversely affected his ability to lead a normal life. He was left with 15% permanent loss of efficient use of the left leg at or below the knee. He also had sensitivity at the scar sets and loss of skin sensation.

In relation to the psychological consequences of the injury it was diagnosed that he was suffering from chronic adjustment disorder with mixed anxiety and depressed mood.

After providing a reply to further and better particulars and an expert’s liability report substantiating negligence against the head contractor, the defendant settled the claim at the very earliest opportunity.

The case is a significant victory for a lawful entrant or invitee on a residential construction site where the person suffers serious injuries as a result of the negligence of the owner or head contractor. In this case, the head contractor was responsible for all of the construction work on the residential building site and should have ensured that the debris on the construction site had not been left out in the open and disposed of safely for all persons working or moving around their construction site.

Conclusion:-

Therefore if you are a lawful entrant or an invitee on any premises including a residential construction site and you suffer serious injuries on the premises, you may be able to pursue a negligence claim against the owner and/or the principle contractor of the construction site filed in their obligations in keeping the premises safe at all times.

We were able to sue the principle contractor of the construction site in negligence where the accident happened and that by establishing negligence our client was able to receive a substantial award in respect to damages for his permanent impairment and pain and suffering.

If you have suffered  serious injuries and disabilities as a result of an accident on a construction site, you may be entitled to receive an award for compensation as a result of establishing negligence against the owner and/or the principle contractor on the construction site for failing to act in circumstances where they knew or ought to have known  that the debris on the construction site was left out in the open and not disposed of safely and thereby caused our client significant injury, losses and damage which had affected his ability to lead a normal life.

For a free no obligation consultation, please contact us on our toll free number, 1800 004 878 so that an appointment can be arranged for you to attend to protect your legal rights in the matter.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.