American Painting Contractor

Did painted window cause injury?

A recent story out of California is a reminder to look out for potential liability in the most unlikely of places.

The Fresno Unified School District recently sued a painting contractor after a teacher was injured while opening a stuck window.

The lawsuit claims that the teacher suffered “serious and permanent injuries” as a result of “negligence” by the painting company.

The teacher injured herself after her hand went through a glass window while she was trying to open it. The district blamed the contractor for painting the window shut from the outside.

“As [a] result of these injuries, Fresno Unified School District paid and continues to pay workers’ compensation benefits to [the] employee,” the complaint says.

The injury happened one day before the 2023-2024 school year was set to begin. The contractor had been awarded the bid just two months earlier.

Strangely, even after the injury, the school district continued to award work to the contractor, including two exterior paint bids for a high school and an elementary school.

Even weirder, this is just the latest in a convoluted legal dispute. Previously, the contractor sued the school district for more than $300,000 in unpaid work.

Three months after denying that claim, the Fresno Unified district sued to recoup the cost of the window injuries.

The case is slated for a case management conference at the end of the year.