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fatkid189 · Jun 29, 2012, 10:58 AM

On may 25th I was helping a friend of mine move 9ft by 4ft steel plates weighing roughly 500 pounds each. While moving them at a building he was a security guard at he was no paying attention and dropped his plate which knocked over another plate and they both came crashing down upon my head. When I got up my "friend" was almost rolling on the floor laughing his butt off. I was told that I could contact a lawyer. Is it true and is it worth contacting a lawyer?

Curlyben · Jun 29, 2012, 11:00 AM

Sure you can if you want, but that would end up with questions being asked concerning site safety and you being there, etc..

fatkid189 · Jun 29, 2012, 11:03 AM

That's where I am confused. He is a security guard at an abandoned factory called garland in freeland pa. he is paid under the table by his mother. He told the police that I was there helping him and his mother now says no one was supposed to be in the building

AK lawyer · Jun 29, 2012, 11:08 AM

Originally Posted by fatkid189

... i was helping a friend of mine move 9ft by 4ft steel plates weighing roughly 500 pounds each. ... he ... dropped his plate which knocked over another plate and they both came crashing down upon my head. when i got up my "friend" was almost rolling on the floor laughing his butt off. ...

Let me understand one thing: two 500 pound steel plates fell on your head and you are still around to tell about it?

In other words, were you injured?

fatkid189 · Jun 29, 2012, 11:32 AM

Yes and this individual thinks it's a laughing matter

ScottGem · Jun 29, 2012, 11:37 AM

Your problem is that you had no business being there and were doing something you had no business doing. I don't see negligence on anyone except maybe your friend and I doubt if he has liability insurance.

fatkid189 · Jun 29, 2012, 11:45 AM

Oh OK I thought that because he allowed me to come into the building that he would be responsible for the accident

ScottGem · Jun 29, 2012, 12:25 PM

HE might be held responsible. But as an off the books security guard, what do you think you will get from him?

AK lawyer · Jun 29, 2012, 01:03 PM

Originally Posted by ScottGem

Your problem is that you had no business being there and were doing something you had no business doing. I don't see negligence on anyone except maybe your friend and I doubt if he has liability insurance.

Actually, I think the employer may be responsible for imputed negligence of an employee (Off the books or not, he is still an employee.) If the injury occurred on the job site, within the course and scope of the employment, the employer would probably be liable.

ScottGem · Jun 29, 2012, 01:10 PM

I'm just not sure, this was being done within the course and scope of employment.

But an attorney will probably give a free consult so its worth asking.

Fr_Chuck · Jun 29, 2012, 01:23 PM

Of course you can sue them, you can sue the owner of the property, and the friend.
In court what will your friend say about working there, what will your friend say in court about being a security guard there ?

Did you turn it over to the owners insurance to pay you for damages ?

AK lawyer · Jun 29, 2012, 02:06 PM

Originally Posted by ScottGem

I'm just not sure, this was being done within the course and scope of employment. ...

It's a good question what a security guard was doing moving steel plates, presumably with heavy equipment.

If the friend was being paid off-the-books, I'd bet that his job description wasn't in writing; and moving the plates may have been part of the job. But if the plates belonged to the employer, and the friend was using company equipment, it's likely that it was. Course and scope of employment is fairly liberal in most states.