Q: Do I have a "pain and suffering" case?
I deliver lumber for a company. On Oct 20, 2023, I was delivering a load to a job site where the lift fell into a septic tank, which resulted in tearing my rotator cuff. I found out that the builder knew the septic tank was there, but only placed small flags to mark the area. Considering that I see flags all the time on job sites, those flags told me nothing. He didn't properly blocked off that area, so I had no idea the septic tank was there. I have pictures and a video of what happened. Since the builder didn't properly blocked off a dangerous area which he knew about, do I have a case for pain and suffering? Workman's comp is paying for the medical treatment, so I do not seek medial expenses. But life is forever altered, not to mention the pain, because of this. I'm just curious if I have a pain and suffering case against the builder?
A: You may have established the basic facts for a claim for negligence (failure to properly warn) against the land owner and/or builder of the premises. Lawyers refer to this as a third party claim since you also have a claim for workers' compensation.
John Michael Frick and Tim Akpinar agree with this answer
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