Heavy machinery, hazardous substances, and other dangers can make construction sites dangerous. If a construction worker, or a bystander, is injured on a site, they might wonder if they can sue. In many cases, you can sue for injuries suffered in a construction accident.
According to the circumstances, there are several parties that may be responsible for an accident on a construction site. The property owner, general contractor, subcontractors and other parties can be held responsible for a construction site accident. These parties are all responsible for maintaining a safe working environment and taking reasonable measures to prevent accidents.
Negligence is a legal theory that can be used to support an injury lawsuit for injuries sustained in a construction accident. Negligence is the legal theory that holds defendants responsible for any harm that occurs due to their failure of exercising reasonable care. A negligence lawsuit may be filed in the case of a construction accident if the defendant fails to provide a safe working environment, does not properly train their workers or does not supervise the work.
In order to win a negligence case, a plaintiff must prove four things: that the defendant owed the plaintiff a duty of reasonable care, breached this duty, caused injuries and damages, as well as that the breach was the cause of the plaintiff’s injury. These elements are difficult to prove and require the assistance of experts and detailed documentation of the plaintiffs’ injuries and damages.
A premises liability theory may also be applicable in a suit for injuries sustained on a construction site. Premises liability holds property owners or occupiers responsible for harm caused by hazardous situations on their property. A premises liability lawsuit may be filed in the case of a construction accident to allege the property owner did not maintain a safe site, failed to warn workers about potential hazards or failed to take reasonable steps to avoid accidents and injuries.
In order to win a premises liability case, the plaintiff will need to prove that there was a duty on the part of the defendant to provide a safe working environment, that this duty was breached, that it caused the plaintiffs injuries and that they suffered damages. As with negligence lawsuits and other complex cases, proving a premises liability case can be difficult. Expert testimony and extensive evidence are often required.
Construction site accident victims can also bring a lawsuit based upon a violation of Occupational Safety and Health Administration regulations. OSHA is the federal agency responsible for setting safety standards in workplaces. This includes construction sites. A victim can sue if a defendant violates OSHA rules and the violation results in an accident or injury.
It is crucial that victims seek out the counsel of an experienced lawyer, regardless of the legal theory they use to support their lawsuit. A lawyer can help victims to understand their rights and options. They can also gather evidence that will support their case and guide them through the complicated legal process of suing for damages.
Individuals who have been injured on a construction site may be eligible to sue. A construction site accident can be blamed on the property owner or general contractor, as well as subcontractors, engineers, architects, and equipment manufacturers. A lawsuit can be based on negligence, premises liability and OSHA violations. To understand their legal options and rights, victims of construction site injuries should consult an experienced attorney.
