Who Is Liable in Construction Accidents

In Construction Site Law and Construction Accident Law, determining liability can become complicated because of the sheer number of persons involved in a particular construction project. Here’s are some examples of people who often bear some degree of fault:
  • Construction site owners: Larger construction projects usually involve delegation of both work and legal responsibility, from construction site owner to general contractor and general contractor to "prime" or "sub" contractor. Courts will weigh the extent of control over the premises on which the work is being done and the degree of control over the work itself in determining who is legally at fault for the injuries sustained by an employee or passersby.
  • Design professional, including engineers and architects: Architects, engineers of construction sites have a responsibility to avoid construction accidents by ensuring that their plans are not defective.
  • General contractors: Both the general and subcontractor have a legal obligation to ensure a construction site is safe. They also have a responsibility to warn workers of any construction hazards at the site or hazards inherently in the work being performed. A contractor has a duty to verify work is being performed to standards including hiring reasonably competent employees and ensuring health and safety regulations are followed on site. The general contractor is always responsible for employee safety on the entire site and for ensuring compliance with all OSHA (Occupational Safety and Health Administration) regulations.
  • Sub-contractors: Any subcontractors brought on site by the general contractor are also responsible for ensuring job safety and following OSHA regulations that applies to their part of the project. But the general contractor is still responsible.
  • Construction site managers, foreman, and other persons in charge of workers.
  • Manufacturers and suppliers of machinery, equipment, and materials that turn out to have a construction defect or be unreasonable unsafe.
  • Insurance companies.

Know Your Rights

If you have been injured as a result of a construction accident, you may be able to receive just compensation. All of Seeger Weiss personal injury claims are handled solely on a contingency basis, which means we’re not paid unless you win your case. Don’t hesitate: contact us today by filling out this form.

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