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Montlick & Associates, Attorneys Obtain Substantial Out of Court Settlement for Construction Site Victim

September 03, 2010

The Georgia Injury Attorneys at Montlick & Associates were contacted by a man who fell through the floor of a home. After being invited to his neighbor’s house to view an area under construction, the client, while walking around the second story of the neighbor’s home, fell through the sub-floor and landed on a concrete surface below.

It was determined that the neighbor, who had begun framing and putting sub-floors inside the house, had neglected to properly nail down one of the boards. The victim stepped onto the loose board, causing it to flip up and allowing him to fall through the joist, two stories down to the unyielding surface below.

As a result of the fall, the client suffered a broken pelvis, three broken ribs, a broken shoulder, and injury to his cervical spine. He underwent many months of physical therapy and rehabilitation, and received epidural injections as well. He was extremely concerned because the medical treatments were not helping, and he suffered through each day in extreme pain, and his medical bills were piling up at an alarming rate. The client underwent lateral fusion surgery for disc herniation and three months of physical pain and extensive medical treatments, resulting in an extreme emotional and financial strain on his daily life.

Montlick & Associates, Georgia Injury Attorneys determined that the homeowner failed to secure the premises, negligently failing to remove or remedy a hazardous condition. The homeowner’s insurance company argued they were not 100% liable as the victim assumed the risk when he entered a “construction site” and should have reasonably known the inherent risks and dangers involved. Our law firm argued aggressively for the victim and asserted that, because the victim was invited onto the property, the homeowner had a duty to ensure that the premises were safe. Additionally, in order for an assumption of risk to be a truly viable defense, the victim would have had to have knowledge of the hazardous condition—which he clearly did not.

When we pointed out that a jury would clearly see it was the insured’s negligence which was the sole cause of the accident, the insurance reluctantly agreed to a substantial settlement out of court. The Georgia Personal Injury Attorneys of Montlick & Associates, also were able to negotiate a reduction with the health insurance subrogation claim and get a much larger—and much needed- settlement for our client.

Category: Montlick Law

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