Landscaping Can Cause Injury

There are many different landscape designs and materials that can cause injuries if not properly installed and maintained. Sometimes landscaping is not appropriate for the expected use around it. The failure to have a proper landscape plan is important in avoiding this pitfall. In most cities or counties an approved plan is required to receive a permit to landscape. This is more common in a commercial landscape setting.

Our client was a middle aged woman exciting a fast food restaurant. She had been to the restaurant many times before. She had not previously noticed that between both entry doors was a garden, in which the ground cover was made up of hundreds of small reddish brown rocks. On this occasion she had entered one door, and exited the other.

She exited the door and took three or four steps towards the parking lot. As she began to continue on her way to her car, she stepped onto a red rock from the garden, tried to catch her balance and stepped on a second and third rock. The exit side which she took to get to her car had ten or twelve small reddish rocks on the walkway. She didn’t notice these rocks as she was trying to locate her car in the parking lot.

Dell & Schaefer was able to investigate this claim and conclude that the rocks our client fell on were not supposed to be used as ground cover. Having numerous small pieces of rock in a commercial setting near an entry or exit can be very dangerous. If you have questions about a similar type cases please do not hesitate to call.