The classic “garden variety” tort, the trip and fall accident, most often occurs not in gardens but rather on paved crosswalks, sidewalks and roadways. Because these surfaces become worn by pedestrian and sometimes vehicular traffic, they must be periodically restored. In balancing the need for maintenance and repairs with the need for access, municipalities may deliberately plan to allow the public into work zones, particularly while the surface is awaiting final restoration.
When a person is injured walking through this type of work site, he or she will typically sue the municipality and the street and road contractor alleging that the defendants created a dangerous condition. Often, however, the contractor will be able to defeat such claims by asserting that its work was inspected, accepted and in compliance with the plans and specifications provided by contract.
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