California Construction Site Accidents: Who is Liable?

Can Undocumented Immigrants Sue for Personal Injury?

There are dangers associated with construction sites. Workers and bystanders alike can suffer severe injuries from uneven ground, dangerous machinery, and exposed utility lines. Whenever you suffer serious injuries in a construction site accident, you need to know where to turn for compensation. It is important to know who you should sue for your personal injuries.

Do You Have the Right to Sue Your Employer If You are Injured At Construction site?

Most construction workers experience minor cuts and scratches as part of their work. An accident that results in serious injury can keep you out of work for weeks or even months. A lawsuit may be filed against your employer if you were injured on the job.

In most cases, however, you will not be able to sue your employer except under extreme circumstances or if they acted knowingly. A no-fault claim should be filed with your workers’ compensation insurance. However, filing a lawsuit will not guarantee that you will pay your bills. Based on what happened and where it occurred, you may still be able to claim some of the third parties below.

Liability Lawsuits for Property Injuries Cover Property-related Injuries

Construction sites can pose a dilemma for property owners. Among other things, they must keep their properties free of hazardous conditions such as broken steps and sagging railings. You may, however, need to make a little mess before you can clean it up.

It is common for a property owner to be more at risk while undertaking repairs or modifications. During this transition time, accidents on construction sites can result in premises liability claims if people are injured as a result of the property owner’s failure to secure or make the premises safe for the general public. Construction sites are responsible for the following injuries:

  • Accidents due to a lack of guardrails
  • An open hole
  • Steps missing
  • A falling object
  • A warning sign is missing

If Construction Equipment Fails, You Have Options for Product Liability

Sometimes equipment malfunctions can cause construction site accidents. A failure of construction equipment can cause serious injuries, often permanent ones, and can even result in death. “Product liability” often applies to these incidents.

An injured construction worker or visitor can sue a manufacturer for personal injuries, lost wages, disfigurement, or temporary or permanent disability caused by a piece of construction equipment.

Construction Site Bystanders are Also At Risk for Accidents

You don’t need to work at the company to suffer the consequences of being a careless construction worker. As a result of building materials being misplaced or falling, or because workers create unsafe conditions while working, bystanders and passers-by are often injured. 

In these cases, bystanders can often sue the construction business, the general contractor, and any subcontractors involved as well as the property owner. Legal theories for bystander accidents include:

  • Claims for premises liability
  • Poor supervision or management of the site
  • Protocols or equipment to ensure safety are not in place
  • Employing, supervising, or retaining employees with poor safety histories

Children Attracted to the Nuisance Should be Taken Into Consideration

Adults are generally aware of the need to exercise caution near construction sites. On the other hand, mechanical devices, building materials, and holes in the ground have tantalized children for millennia and tempted them into dangerous situations.

A family who loses a child because of an “attractive nuisance” on a construction site can sue the property owner and the construction business, alleging that they did not make a reasonable effort to remove the danger and safeguard the child. In these circumstances, the balance between the risk of injury and the property owner’s responsibility to remove the danger is crucial.

If you have any construction site accident case, contact Deldar Legal Injury Attorneys in California.


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Posted in: Personal Injury, Workplace Accidents

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