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SOUTHEAST TEXAS RECORD

Monday, May 6, 2024

Suit alleges porta potty's placement created tripping hazard

Lawsuits
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GALVESTON — A woman is claiming that the placement and construction of the porta potty posed an unreasonable risk of harm.

Lashaila Benson filed a complaint Aug. 30 in Galveston County District Court against Pot-O-Gold Rentals LLC alleging negligence and premises liability. 

Benson, according to her complaint, was at the Galveston Seawall on Sept. 19, 2020. She alleges the she needed to use the restroom and spotted a porta potty, owned by Pot-O-Gold Rentals. She entered the porta potty, and as she was exiting, she fell due to the fact that the porta potty had been assembled and placed in such a manner as to create an uneven ledge, the suit states. 

Benson claims Pot-O-Gold Rental's negligence for failing to properly place and maintain the porta potty or train and supervise their employees. She also claims Pot-O-Gold failed to have a reasonably safe environment for invitees and did not give adequate warning about the hazardous condition. Benson alleges Pot-O-Gold knew or should have known of the unreasonably dangerous condition and that the placement and construction of the porta potty posed an unreasonable risk of harm.  

She also alleges as a result of her fall, she suffered impairment, disfigurement, lost wages and incurred medical and pharmaceutical expenses. 

Benson seeks monetary relief between $75,000 and $250,000, interest, trial by jury and all other just relief. She is represented by Sofia Bruera of The Bruera Law Firm PLLC in Houston. 

Galveston County District Court case number 22-CV-1648

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