Darren Kasparian's Negligence In The Workplace

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Darren Kasparian was a carpenter that suffered injuries in the workplace. He sued the owner of a Wheaton property, alleging injuries due to a fall. Darren Kasparian filed a lawsuit against Draper and Kramer Inc. of Chicago and Thyssenkrupp Safeway Inc. alleging negligence in the workplace on June 12, 2009. According to the complaint about the incident on May 19, 2009, Kasparian was working for Berglund Construction Co. at a D and K-owned property called Wheaton Center. As a result of negligence, errors, and lack of safety in the building, Kasparian fell in the workplace and suffered severe injuries along with suffering, pain, and medical costs. The demand states that the owner failed to control the workplace, failed to provide work areas…show more content…
According to the Injury Law Center, “negligence in a constructions site occurs when there is improperly maintained equipment, inadequately trained employees, improperly constructed scaffolding, collapses by negligent design, general unsafe working conditions, defective machines, dangerous areas being unmarked, and failure to comply with the proper building codes” (Construction Site Negligence, n.d.). However, in order for any case situation to be considered negligence, there must be four requirements presented in order to exist. (1) Duty of care, (2) breach of duty of care, (3) causation, and (4) remoteness (Negligence, 2015). Duty of care means that one person owes a duty to take reasonable care to another. After it is found out that duty of care exists, it is necessary to consider what standard has the person owing the duty of care. After breach of duty of care is stablished, it is necessary to show that any loss was caused, or materially contributed to, by the negligent act. Finally, it should be considered whether the loss suffered was too remote (Negligence,…show more content…
Incidents in a construction site are very common, so it is very important to know what really happened to Kasparian. The case mentions a severe fall, but it did not show any evidence and specific details about it. It could be a fall from a scaffolding, balcony, ladder, or it could possibly be a human error. However, from the severe injuries Kasparian had, we can assume that was from a high place. We are not able to say that Kasparian was careful when he was working there. However, we can assume that the workplace should be always secure for its employees. The owner of the Wheaton property should have checked everything and approved that the construction site was secure before allowing people to work there, so a tragedy is likely less to

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