Legal Liability for Construction Accidents

  • By:David Bate

Determining legal liability and financial responsibility for injuries or damages sustained at or near a construction site is a complex process of reviewing contracts, subcontracts, purchase agreements, and insurance documents between and among many parties including property owners, contractors and their subcontractors, materials vendors, equipment rental services and delivery services.  At any given time on a construction project, regardless of size, multiple activities are likely to be in progress and many different companies can be represented. As a result, construction activities can wreak havoc on individuals both directly and indirectly involved.

Neighboring property owners can experience damage to both overhead and below-ground utilities and shared sewer lines.  Inexperienced contractors frequently encroach on the property of others and construction can damage wells, wetlands and other natural land features prized by neighboring landowners.  In these instances, it is critical to discuss the facts with an attorney at the earliest opportunity. An attorney can advise the client as to what options are available through the local courts to potentially halt ongoing construction and stop the damage, require restoration of the property to its original condition, or demand financial compensation for loss of property value.    

While property damage can be a considerable annoyance, physical injuries sustained at construction sites frequently result in lifelong injuries.  A construction worker hurt on the job will need an attorney to determine the applicability of both of worker’s compensation benefits and potential third-party liability.  A passer-by or visitor who sustains injuries at a construction site will face a steep uphill battle in trying to determine who to even speak with first. Attorneys can utilize the legal process to gather the documents and sort out the individuals and businesses involved.   Attorneys are also able to use the authority of the courts to demand the preservation of evidence and document conditions at the construction site at the time the injuries were sustained.

Attorneys also act as investigators to determine how the injuries occurred.  Was a delivery of sheetrock stacked in an unsafe manner? Did a metal strap securing a pallet of bricks snap and if so, why?  Did equipment used meet applicable industry standards? Were forklifts and other equipment in good operating condition? Was safety gear in use and was it sufficient for its intended purpose?  Were the injuries caused by a combination of equipment failures and activities on-site? Do the businesses involved have a history of operating unsafe construction sites? An attorney, like a construction accident lawyer Boynton Beach, FL relies on,  will seek out the information needed to answer these questions and many others.  An attorney will also have the resources to preserve evidence, engage diagnostic technicians to perform materials testing, and retain industry experts who can testify as to whether industry best practices were in use at the construction site.

A reputable, experienced attorney is a necessity to navigate the multi-layered landscape of construction site damages and injuries.  Attorneys utilize a methodical process to determine all avenues of recovery available for each individual client and engaging an attorney early on will ensure that every avenue of recovery is pursued.


Thanks to our friends and contributors from the Law Offices of Eric H. Luckman, P.A. for their insight into

 

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