Who Is Liable for a Civilian’s Injury on a Construction Site?
Construction sites can be very dangerous places. Civilians who visit these locations can encounter falling debris, heavy machinery, and many other unsafe situations. Although safety equipment and regulations are in place to prevent accidents, negligence on behalf of a site owner, subcontractor, or employee could lead to serious injuries. If a civilian suffers an injury on a construction site, he or she may be able to pursue legal action against the at-fault parties.
Common Causes of Construction Injuries
There are numerous accidents that can happen on a construction site. To prevent these incidents from happening, contractors, foremen, and employees must follow established safety protocols. They must ensure that all visitors to the site wear proper safety equipment and follow best safety practices to avoid injuries. They must also place barricades around the site to keep passersby at a safe distance.
Unfortunately, not all construction sites follow these safety precautions. Civilians can suffer accidents due to a wide range of dangerous conditions, including the following.
- Falling debris and objects
- Tripping over equipment and materials
- Improperly marked holes and ditches
- Defective and dangerous machinery
- The presence of hazardous materials
- Improper use of construction tools and equipment
Legal Options for Civilians Injured on Construction Sites
If someone else’s negligence caused an accident on the construction site, he or she may be liable for the victim’s damages. For example, if a civilian is walking by the construction site and the employees failed to place barricades around the site, he or she may be struck by falling debris. In this situation, he or she may have grounds to pursue a lawsuit against the company that oversees the site.
Many parties may be liable for a civilian’s injuries, depending on the circumstances surrounding his or her accident. Subcontractors, employees, foremen, and the construction company itself may be liable. In other cases, the developer or the landowner may be liable. In cases involving defective equipment or machinery, the civilian can file a lawsuit against the manufacturer of the defective item. To identify the relevant at-fault party or parties, civilians can enlist the help of a construction accident attorney who can conduct an in-depth investigation into the accident.
How to Prove Negligence in a Construction Accident Lawsuit
A construction accident lawsuit allows civilians to recover compensation for the economic and non-economic losses he or she sustained due to the at-fault party’s negligence. To secure this compensation, the civilian will need to supply evidence to prove four key facts.
- The at-fault party owed a duty of care to keep the construction site safe.
- The at-fault party breached the duty of care through a negligent act or omission.
- The at-fault party’s breach of duty directly caused the civilian’s injuries.
- The civilian suffered damages that he or she can collect in the lawsuit.
For example, say that a visitor to a construction site falls in a hole that an employee failed to properly mark. Companies are often liable for the actions of their employees while these employees are performing their job duties, so the visitor would likely bring a lawsuit against the construction company. The breach of duty would be the employee’s failure to properly mark the hole.
The civilian can use multiple pieces of evidence to prove causation and breach of duty, including surveillance footage, medical records, and witness testimony. However, proving a construction accident lawsuit can be a challenge without the resources and knowledge of a personal injury lawyer. If you sustain an accident on a construction site, contact a California construction accident lawyer to discuss your pathway to maximum compensation.