The city of San Diego is facing a new personal injury lawsuit from a construction worker who alleges he suffered serious injuries from a slip and fall accident.

The construction worker alleges the slip and fall accident occurred at a construction site in Hillcrest, when he reportedly fell through a hole in the floor of a fire station being built.

The personal injury lawsuit was filed by workers’ compensation insurance company Old Republic General Insurance, alleging the city and construction company were at fault for the slip and fall accident.

According to the personal injury lawsuit, the hole in the floor was made to have a fireman’s pole implanted, which was supposed to extend all the way down to the ground floor.

According to the personal injury lawsuit, the hole was “uncovered, unmarked, and unbarricaded,” which had caused construction worker David A. to sustain the slip and fall accident. David had been working for Cosco Fire Protection of San Juan Capistrano, which installs fire sprinklers and alarms in different facilities across the West Coast.

However, he says his ability to work has been severely compromised and currently requires ongoing medical treatment for his injuries. The personal injury lawsuit alleges the defendant companies either knew or should have known about the dangerous work environment, but did not take any preventative measures to cover the hole. It argues that an adequately safe work environment would have prevented David’s slip and fall accident, along with any other potential work related injuries.

Construction company Erickson-Hall filed a counterclaim stating David did not exercise proper caution to avoid the hole and argued the hole was “trivial” and that the danger surrounding the spot was “open and obvious.”

The counterclaim also names Calhoun Electric as a defendant, stating the company had failed to properly train and supervise their employees. Superior Court Judge Ronald Styln has scheduled a readiness conference for the personal injury lawsuit for Feb. 22, 2019, with a spokeswoman for the city’s attorney stating it will review the litigation and respond to it in court.

Overview of Personal Injury Law

Personal injury claims like this one are often filed by employees who sustained serious on-the-job injuries which could have been prevented with adequate safety precautions. Generally, personal injury law pertains to disputes when one party suffers injuries from an accident and is seeking compensation from other parties that could be responsible.

This essentially means that if a person sustains injuries from a preventable situation, they may be able to file legal action under personal injury law.

While not all accidents are preventable, any injuries caused by insufficient work environments do not typically fall under this category. Companies are required to maintain a safe work environment for their employees, including covering up any holes or maintaining work equipment that would normally cause injury.

People who are considering filing legal action under personal injury law could seek compensation for a multitude of damages including medical bills, worker’s compensation, diminished quality of life, and any pain or other physical sufferings.