Construction
sites are inherently dangerous, and construction accidents usually
result in serious injuries. If you are a victim of a construction
accident, you have to identify the liable parties, which can be more
than one, to recover your damages. Below are some of the parties who
may be liable for your construction accident.
Many
people will argue that the buck stops with the general contractor
when a construction accident occurs. Such an argument is right in
many cases because the general contractor is responsible for the
general safety of the construction site.
For
example, the general contractor must ensure that the subcontractors
and workers follow the applicable OSHA (occupational safety and
Health Administration) rules. Therefore, a general contractor who
fails to enforce OSHA laws is responsible for the injuries that may
result from the violations of the laws.
The
subcontractors, such as electrical or plumbing subcontractors, may
also be responsible for construction injuries. For example, an
electrical subcontractor that causes an electrical fire by use of
inferior electrical cable is responsible for the damages the fire may
cause. The subcontractor may shoulder the liability alone or share it
with the general contractor.
For
example, if a general contractor hires a subcontractor with a history
of negligence or accidents, both the general contractor and the
subcontractor may be liable for the accidents the subcontractor may
cause. However, a subcontractor is solely responsible for their
negligent actions if the general contractor couldn't have foreseen or
prevented such actions.
Some
developers hand over the management of their construction sites to
general constructors. Other developers prefer to oversee the
day-to-day activities at their constructions sites. A developer who
opts for the latter management style is responsible for accidents
that may occur on the construction site.
Even
a property developer who does not oversee the daily operations at
their construction site may still be liable for injuries on the site.
For example, if a developer fails to provide the constructors with
the resources, materials, or information to secure the site, the
developer may share liability for site accidents with the contractor.
Construction
accidents are not always the fault of the parties at the construction
site. Third parties, such as equipment manufacturers, may also be
responsible for construction accidents. For example, a heavy
equipment manufacturer who delivers defective equipment is
responsible for the accidents their defective equipment might cause.
If
you are the victim of such an accident, the manufacturer of the
defective equipment should compensate your damages.
Architects
and engineers who design buildings must be responsible for the
accidents their defective designs might cause. For example, an
architect that includes a weak pillar must pay for the damages the
pillar caused if it collapses.
Note
that in this case, you must prove that the contractor followed the
architect's design to the letter to hold the architect liable for the
damages.
Lastly,
even visitors to the construction site may cause you injuries, and
they must pay for the injuries if they do. Consider a case where a
food supplier or vendor drives to the construction site while
intoxicated. If such a driver knocks you over with their car, they
are solely responsible for your damages.
As
you can see, determining liability for construction accidents is
complicated. At the Law Offices of Burton J. Hass, however, we have
the skills and experience to help you unravel the circumstances of
your construction injuries so that you can identify the liable party.
If
you have suffered a construction accident, contact
us to
see how we can help you recover your damages.