A Ulsan Attorney Assistance Case | A Ulsan Attorney Obtained a Provisional Attachment of Real Estate for Damages of 1 Billion Won in a Fall Accident

The client had been seriously injured when, while passing near a construction site at an apartment building in Ulsan, a falling steel reinforcing bar struck him on the head.

He was rushed to a hospital, but as a result of a traumatic brain injury he became unable to walk on his own and now requires the complete assistance of others to perform the activities of daily living.

The Ulsan accident client came to Daeryun's Ulsan attorney to pursue a claim for damages for this.

The Ulsan accident victim, the client, suffered an accident in which he was struck by a falling steel reinforcing bar while passing by a construction site.

This is plainly the responsibility of the construction site.

Daeryun's Ulsan attorney pointed out that the construction site's fall-prevention safety equipment had not been properly installed and that the accident occurred due to the negligence of the on-site supervising manager, thereby precisely identifying the facts giving rise to damages.

The Ulsan attorney also asserted liability for compensation with respect to the facts giving rise to damages.

The site of the accident was a construction site.

The personnel and the supervising manager at a construction site have a duty to comply with safety regulations and prevent accidents.

Accordingly, the Ulsan attorney asserted liability for compensation on the grounds of tort liability, damages, and employer's liability.

■Statutes Relevant to the Liability for Compensation Asserted by the Ulsan Attorney■

-Civil Act Article 750 (Definition of Tort)
A person who causes loss to another by an unlawful act, whether intentional or negligent, shall be liable to compensate for such loss.

-Civil Act Article 751 (Compensation for Loss Other than Property)
(1) A person who has injured the body, liberty, or reputation of another, or has caused any other mental suffering, shall also be liable to compensate for loss other than property.

-Civil Act Article 756 (Employer's Liability for Compensation)
(1) A person who employs another to engage in a certain task shall be liable to compensate for loss caused to a third party by the employee in the course of performing that task. However, this shall not apply where the employer has exercised reasonable care in appointing the employee and in supervising the task, or where the loss would have occurred even had reasonable care been exercised.
(2) A person who supervises the task on behalf of the employer shall also bear the liability under the preceding paragraph.

The Ulsan attorney calculated and claimed, as the scope of the liability for damages that the client was rightfully due to receive, items such as the rate of loss of earning capacity, lost income, nursing care expenses, medical expenses, and consolation money.

Daeryun's Ulsan attorney strongly asserted that, since the client had come to suffer the misfortune of having to live the rest of his life as a person with a disability unable to move without the help of others, the debtors should at least provide monetary consolation.

The success or failure of a damages case depends on proving the causal relationship with respect to the existence of negligence.

Daeryun's attorneys specializing in civil and damages matters provide comprehensive legal services, including responding with preliminary measures such as provisional attachment and provisional injunction, closely examining and proving the facts of the principal suit, and pursuing the claim for damages.

If you find yourself in a situation such as the above and require litigation for a claim for damages, you are welcome to turn to Daeryun's Ulsan attorney.