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7 Important Factors in Determining Construction Accident Liability
1 February 2018
To win compensation for construction accident injuries, you'll need to demonstrate the liability and/or negligence of the defendant in your case.
A variety of different factors impact the determination of liability for a construction accident. You and your lawyer need to analyze these factors to formulate a solid argument for your right to compensation.
The following are seven important factors that you need consider in constructing your construction accident case.
1. Condition of the Accident Site
Employers and employees must take safety precautions at a construction site to prevent accidents. If the owner of the construction site or company liable for construction work does not take expected precautions, then that owner or company is liable for any accidents that occur.
One of the most important pieces of evidence considered in determining construction site accident liability is the condition of the site where the accident occurred.
If you can demonstrate that workers didn't meet routine safety demands on the site, the party in charge of the site should provide you with compensation.
2. Location of the Accident
The exact location of the accident is another primary factor that you and your lawyer should consider when determining liability.
You need to find out who owned the premises on which the accident occurred. Doing research on any prior accidents that occurred at that location is a good idea. If a work site has a history of construction accidents, a construction accident lawyer can use this as evidence that the responsible party has neglected correcting unsafe conditions.
3. Equipment in Use
The equipment pieces in use at the time of the accident are an important consideration. If the accident was the result of faulty equipment, the heavy equipment manufacturer is liable for accident damages and resulting medical bills.
You and your attorney should do some research on equipment used on the site at the time of the accident. Equipment malfunctions are responsible for many construction site accidents.
4. Equipment Usage Procedures
Improper equipment usage indicates that an individual worker or contractor is responsible for accident damages. Your lawyer will analyze standard equipment usage procedures and any irregularities in equipment use on the site. This information will help them to form an argument for construction accident liability.
5. Party in Charge of Construction Work
When formulating a construction accident case, the construction accident lawyer needs to identify the responsible party. The actual owner of the construction site isn't always the one held liable for construction site accidents.
If a contractor, engineer, or architect is in charge of a construction project, then that entity may be liable for accident damages resulting from construction on a site owned by another party.
6. Owner of the Accident Site
If the party in charge of construction at the accident site cannot be held liable for whatever reason, you can possibly pursue the owner of the accident site for compensation for accident damages.
The owner of a property is responsible for maintaining safe conditions on that property unless an agreement exists between the site owner and contractor specifically placing liability on the contractor. If the owner knowingly allows the contractor to carry out unsafe work on his or her property, then that owner is liable for any resulting injuries.
7. Relationship of the Accident Victim to the Liable Party
When it comes to determining liability for a particular accident, your relationship to the responsible party is an important consideration.
If you were working for the responsible party and were on the worksite with the permission of the responsible party, then the party in charge of the site likely owes you compensation.
However, compensation might not be legally granted if you were accessing the construction site against the will or without the knowledge of the party responsible for the site.
If you've recently experienced an injury resulting from a construction site accident, you can contact Frederic M. Rosen, PC
for consultation and advice on seeking compensation.
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