Construction work is arguably one of the riskiest jobs in the country. Accidents in the construction industry may happen at any time. The process of construction puts people in unsafe environments. When such accidents occur, it is important to get proper representation to get justice. Construction accidents have many dynamics that affect the direction of each case. One must contact a lawyer that is experienced in construction accidents in order to get maximum compensation for their injuries.
What Causes Accidents in Construction
What Injuries Can One sue?
Like many other personal injury cases, the plaintiff can sue for medical costs, lost wages, pain, suffering, and future income loss. All these cases must be quantified and the compensation agreed upon in monetary terms. In cases where the contractor dies, their family can sue for wrongful death. A wrongful death allows the family to get compensated for the death of a loved one. Proof of the responsibilities of the dead person can be used as negotiating tools for the family.
Who do you sue?
It is important to establish the person party that has been negligent. Different cases will have different parties being sued for negligence. The construction industry has many people that play different roles, therefore injury claims may be the responsibility of one of the main parties. An injury may be the responsibility of the construction worker, the property owner, the construction company, the machine manufacturer, the architect, the engineer, or the city and government agency, among many others. To determine who to sue, one must consider the following issues, negligence, premises liability, vicarious liability of an employee, and product defects.
Negligence deals with the person that failed to do their part, thus causing the accident. The plaintiff bears the burden to prove that the defendant owes the burden of care. The plaintiff must prove that the burden of ensuring that such accidents did not occur was the duty of the defendant. They must also prove that there was a breach of the duty of care through negligence. The plaintiff must prove that the defendant neglected their duty of care, thus causing the accident. The plaintiff must also prove that the defendant’s negligence was the cause of harm or death. The plaintiff must prove that the accident was a direct result of the negligence of the defendant.
The owner of the building or property has the duty to ensure that the building is safe even during construction. When an accident occurs, the plaintiff needs to prove that the building belongs to the defendant or that he controls or occupies the property. During ongoing construction, the legal agreement between the premises owner and the contractor will determine who is responsible for the building at the time of the accident. The plaintiff must also prove that the defendant was negligent in the use or maintenance of the building. For example, did they install safety requirements such as guardrails? One also needs to prove that the plaintiff was harmed as a result of the negligence of the person responsible for the building.
Vicarious Liability of an Employee
This means that an employee can be held responsible for their negligence resulting in the injury of another employee. The construction company can also be held responsible for the damages caused by their employee if the employee is not financially able to cater for the damage.
In cases where the accident is caused by a defective product, the plaintiff needs to prove that the injury was a result of a faulty product. The liability of the accident can be borne by the manufacturer, seller, or even the designer of the product.
In the Fresno area, The May Firm Injury Lawyers are experienced in handling construction accident cases. You can visit their website for more information It should be “The May Firm Injury Lawyers”.