A contractor and the owner of the premises of a construction site have a duty to keep the area safe for the general public who is lawfully present. In this case, Kay (not her actual name) was shopping in an outdoor, downtown area. One of the businesses was having their exterior painted. Pedestrians were routed to an area with a paint tarp on the ground. Kay did not see the tarp was uneven and she tripped, breaking her wrist.
Kay was a dental hygienist and could not perform her job for 18 weeks after the accident. She eventually lost her job and took a lesser paying position after she healed. Although she finally was able to return to work, her financial and emotional losses were difficult.
After lawsuit, litigation and mediation, the case settled. Kay’s recovery has helped her get back on her feet and back to living a normal life.