Liability in Construction Accidents

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Unsurprisingly, the construction industry is particularly dangerous, as there are a number of hazards that have the potential to cause serious harm if precautions and safety measures are not taken. The U.S. Bureau of Labor Statistics reported that nearly 1 in 5 workplace deaths that occurred in 2021 were related to the construction industry. However, who is liable for an injury or accident that occurred on a construction site? Unfortunately, the answer is a little convoluted and determined on a case-by-case basis, as it is dependent on the nature of the incident. Furthermore, let’s explore the various parties that may be held liable for a construction accident injury. 

Property Owner

One party that could be held responsible for a construction accident is the property owner. Property owners have a legal responsibility to maintain their property and keep the premises safe. If the property owner becomes aware of a potential hazardous condition and fails to take action and resolve the issue, the owner could be held liable. 

Construction Company

Construction companies also have a legal obligation to maintain safe conditions on construction sites. If construction companies fail to properly train their employees, conduct regular inspections, and provide proper personal protective equipment for their employees, they are at risk of being held liable for a construction accident. 

General Contractor or Subcontractor

Both general contractors and subcontractors play a role in monitoring and overseeing the entire construction process. Whereas the general contractor oversees the whole project, subcontractors are responsible for specific niches within the project. With both roles, comes the responsibility of making sure safety measures are taken and enforced. Failure to do so may be considered negligence.

Engineer

Engineers also play an important role in construction as they are responsible for making sure that designs are in compliance with building codes and regulations. If there is a fatal flaw in the engineer’s design plan, this could lead to catastrophic injuries that will come back to bite them in the legal realm. 

Product or Equipment Manufacturer

Another party who may be held liable for a construction accident are the equipment or product manufacturers. This type of liability will result if the manufacturer creates a dangerous or defective product that causes injury or harm. Examples of products that may be defective include forklifts, cranes, saws, scaffolding, ladders, and more. As a result of these defective products, injuries such as electrocution, amputation, burns, and lacerations may occur. 

Seek Legal Assistance

As you can see, determining liability when it comes to construction accidents can become quite confusing as there are a number of different parties that could potentially be held responsible depending on what the accident was and how it occurred. If you were injured on a construction site, it is important to consult with a Los Angeles construction accident lawyer who can help guide you through the legal nuances of filing a lawsuit or pursuing a workers’ compensation claim. Regardless of your position on a construction site, all individuals play an important role in promoting and practicing effective safety measures.