Who’s liable in a construction accident?
Construction work sites are among the most dangerous places to work. As a result, accidents at construction sites are a fairly common occurrence. Although safety is always part of the equation on any job site, sometimes injuries and deaths happen.
An injury or death is always sure to raise legal issues as construction employees seek to protect their financial health until they can recover or to protect themselves for a longer term if they cannot. A construction accident lawyer is a necessity going forward in these types of cases.
The biggest issue facing an attorney is where to affix blame for the construction accident. Because job sites can be large and complicated affairs, it’s not always easy to affix blame, especially when many parties are involved.
As part of due diligence in a case, an attorney will seek to clarify job responsibilities of everyone involved in a construction project.
A construction site owner may or may not give over total control to an independent contractor, and so a landowner may or may not be considered the legal possessor of the land during a construction project. That means whoever is in legal possession of the land is liable for potentially harmful conditions, if they exist.
General and sub-contractors have a duty to keep a construction site reasonably safe and to warn of any dangerous conditions that exist as well as making sure all safety regulations are being followed.
Architects and engineers may also bear responsibility, depending on their level of active involvement with a job site. They are held to professional standards during the design and construction phases of a project, and if those standards are violated, resulting in an injury, they can be held liable.
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