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Old 09-28-2000, 11:16 PM
Tech
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I work as a on-site repair person in California, I was called out to a school to repair some office equipment, while I was walking to the classroom I tripped and fell over a round metal device imbedded in the ground that holds a four foot pole..I reported the accident to the office, and the custodian said "Oh... there's supposed to be a pole there, we leave it out because the kids mess with it." I scraped my elbow, bruised my wrist, knee and strained my neck. I have seen a doctor but I am back to work with a sore body... I am concerned about my neck and or future problems that I might have, my question is, should I seek this further with an attorney? call OSHA? or do I even have a good ligitimate case? Please help, all answers are welcome, and Thanks in advance.

[This message has been edited by Tech (edited September 28, 2000).]
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Old 09-30-2000, 11:08 AM
lawrat
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I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

You have a good case against the school because if there is supposed to be a pole there, the pole should be there. No one in their right minds creates a sewer hole and then doesn't put a lid on it or cover it up or put signs around it. Right?

This is the school creating a hazardous situation. I betcha ten to 1 the reason they haven't bothered to take the "metal device" out is they probably figure students are familiar with the pole being there or they just figure students wouldn't have the mindset to sue -- i.e. tell parents, etc.

You are lucky nothin else happened to you.

I am not sure about OSHA, but I would contact a personal injury attorney and speak with them about. OR, before you do that, locate your work employee handbook and see if there is anything in there about off site accidents like this. Maybe the Human Resources Department may have an answer for you? or even a referral?
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