Case at a glance
- Recovery: $650,000 Settlement
- Injury: Serious head and back injuries
- Practice: Personal Injury
- Attorney: Brian Beckcom
A home inspection beside an unguarded edge
Jason was working as a home inspector. During the inspection, a ladder used to reach the attic shifted while he was on a balcony. The balcony had no guardrails.
He fell from the balcony and suffered a serious head injury. Emergency responders transported him by Life Flight, and he remained hospitalized for almost two weeks. His injuries also led to lumbar fusion surgery and affected his ability to return to construction work and volunteer firefighting.
The companies disputed responsibility for the missing rails
Brian represented Jason in claims against the homebuilder and a contractor. The companies disputed which of them was responsible for installing or removing the balcony rails. They also argued that Jason should have noticed the missing protection.
The dispute was not simply whether the rails were absent. It involved who was responsible for the condition, what was known about it before the inspection, and whether the lack of rails contributed to the fall. An engineer retained by the defense maintained that rails would not have prevented the accident.
Testimony addressed what was known before the inspection
The builder’s project manager testified that he had inspected the house the day before Jason’s fall and had seen the missing rails. Despite that observation, Jason was not warned and the inspection was not canceled.
That testimony provided specific evidence about advance knowledge of the condition. It also placed the companies’ responsibility arguments against the circumstances in which Jason had been allowed to proceed with the inspection.
A settlement on the eve of trial
The case settled the day before trial for $650,000. The agreement included $600,000 and an additional $50,000 medical trust for Jason.
It provided a recovery after injuries that changed both Jason’s work and his life outside it.
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