Richard bianco a carpet layer in training was serving

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Reference no: EM1372982

Richard Bianco a carpet layer in training was serving to install carpet on the second floor of an unfinished house. He had used the stairs through the day without carefully examining the staircase's wooden banister. Instead of carrying refuse bags full of carpet and padding scraps down the stairs, Bianco was throwing the bags over the handrail to the floor below. While throwing one bag the 155-pound Bianco leaned on the banister which gave way. Bianco fell and as a result sustained serious injuries. Bianco later charged the house's builder Frank Robino for negligence. The indication showed that the banister was an ordinary wooden one however that its dress cap, or handrail and not been installed. Fitting of the dress cap would have strengthened the banister which was being held in place by two nails. An engineer appeared that without the dress cap the banister could support a force of 5 to 35 pounds. According to an skilled witness for Bianco, a handrail must normally be expected to support a minimum of 200 pounds. Robino hadn't yet installed the dress cap because he didn't want the carpet installers to damage it. The indication showed that leaving banisters unfinished at this stage of construction wasn't a common practice in the construction industry. Discuss all features of this negligence claim and clarify the outcome. Is any more information wanted to decide the result?

Reference no: EM1372982

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