Parties Liable For A Construction Site Accident

In the unfortunate turn of events, if you or your loved one gets affected during a construction accident, it becomes crucial to understand the parties responsible for the injuries and damage. Construction sites naturally carry risks for workers and bystanders; therefore, having prior knowledge is beneficial to get your rightful compensation.

The Causes of Construction Accidents

Construction accidents usually happen due to a lack of security. Primary contributors include:

  1. Failure to Adhere to Safety Rules: Non-compliance of workers or passersby to safety standards is one of the ways accidents take place.
  2. Inadequate Supervision: It is crucial to maintain oversight of construction workers.
  3. No Fall Protection: The firm is liable to provide essential safeguards against falls.
  4. Insufficient Training of the Worker: Lack of training among construction workers results in mishaps.
  5. Using Defective Equipment: Faulty machinery increases the risk of accidents as the workers may not be able to handle it.
  6. Unsafe Work Conditions: During training, a firm must devise a full security and safety plan, making sure each crew member knows everything – exit routes, safety areas, etc.
  7. Failure to Inspect and Eliminate Risks: It is needed to regularly inspect and eliminate risks.
  8. Lack of Caution for Dangerous Conditions: Failing to communicate potential dangers to passersby and workers.
    The Occupational Safety and Health Administration (OSHA) has specified safety rules that construction sites must adhere to. Unfortunately, not all comply, putting both workers and those nearby at risk.

Parties That Can Be Held Liable

Determining liability in construction accidents is not an easy process, which is why a thorough discussion with an experienced personal injury attorney is essential.

The parties that may bear responsibility include:

  1. The Construction Company
    As per standard rules, a construction company is usually held liable for a majority of accidents that occur on their construction sites. Although you may be able to sue the construction company after proving that it violated safety standards
  2. Construction Site Owner
    The level of control an owner has on the construction site is crucial while determining whether or not they are responsible for accidents on their property.
  3. Contractors and Subcontractors
    It is the duty of general contractors to ensure the safety of their workers. Moreover, it is necessary to be responsible for ensuring compliance with federal and state safety regulations.
  4. Machinery Manufacturers
    Sometimes, it is not the negligence of the construction workers but the manufacturers producing faulty equipment or machinery. When construction equipment is defective, you may be able to pursue a product liability claim against the manufacturer.
  5. Architects and Engineers
    If architects’ designs lack inclusivity to safety standards, accidents occur. Engineers’ obligation ensures that a construction project meets safety codes and regulations.

Process of Determining Liability

Deciding on a responsible party after a construction accident requires an extremely detailed approach. A seasoned personal injury lawyer will consider the following:

  • Accident location
  • Hazardous conditions
  • Equipment usage
  • Site control

Closing Note

Construction accidents need a comprehensive understanding of liability for rightful compensation. Whether you find yourself in any situation, do not hesitate to consult with a skilled lawyer who can help you get out of that situation with maximum compensation. You can get in touch with our attorneys from Edwards Sutarwalla Samani LLP to help you in this regard. Call us at (713) 565-1353 to get started.


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