Frederick S. Freibott recently received a policy limits settlement in a case where his client was going to the bathroom in a Port-a-Potty which was pushed over by vandals with him inside of it. A claim was made against the owner of the Port-a-Potty because the owner’s company had not adequately secured the Port-a-Potty to the ground which made it easy for it to be pushed over. There was evidence in the case that this particular Port-a-Potty had been turned over on several occasions and the owner’s company was made aware of that fact. The owner did nothing to prevent the Port-a-Potty from being pushed over. The Plaintiff secured expert testimony that suggested that a simple anchor into the ground, such as a 2×4 firmly secured to the Port-a-Potty, would have prevented the incident. The Plaintiff was severely injured because of this incident. (Toala v. Arrow Leasing Corp. C.A. No. 08C-03-065 RRC)
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