If you suffered an injury from debris that fell on you at a construction site, you probably have many questions about topics like:
- Whether you can get compensation for your injuries. If someone’s negligence caused your injury, you might be eligible for compensation via a construction accident case.
- Who might have to pay for your injuries. Depending on the facts of your case, we might be able to take action against more than one party for your damages. For example, the property owner, general contractor, and a subcontractor might all be liable.
- Finding someone to help you get the compensation you deserve. The lawyers at the Montero Law Center can meet with you, get the facts, and help you take legal action. Just call us at 954-767-6500.
It Matters Whether You Were an Employee, Guest, Bystander, or Trespasser
The landowner and construction company have legal obligations toward people who come on the construction site, but their duties vary widely based on the reason you were present there.
Employees and subcontractors. The landowner and general contractor have a high obligation toward people who are on the site for the financial benefit of the owner and contractor. The landowner must make a reasonable effort to keep the premises safe, correct known hazards, and warn about dangerous conditions.
If you were an employee who sustained an injury onsite in the course of your job tasks, you may qualify for workers’ compensation. If a party other than your employer is liable for your injuries, you may file a third-party liability claim.
Guests and bystanders. The owner and contractor must keep the premises reasonably safe for those who enter the construction site as guests. Also, if a bystander gets hurt by falling debris, she might have a negligence claim for her injuries. Let’s say that the site abuts a public sidewalk and bricks fell off of scaffolding onto the sidewalk, injuring a person who was walking. The owner and contractor might have to pay compensation to the injured party.
Trespassers. If someone climbs the barrier fence to enter the construction site after hours and sustains an injury by falling debris, the owner and contractor are not likely to have to pay damages to the trespasser. The law draws the line at intentionally harming trespassers and “booby-trapping” the premises. If the trespasser suffered harm through events that did not involve intentional harm on the part of the owner or construction company, the trespasser cannot get compensation.
When a Property Owner or Contractor is Negligent
Construction sites are inherently dangerous places. Contractors must establish and follow safety protocols to protect people from harm. For example, leaving the gate unlocked and open at the end of the workday can be negligence. Failing to have site rules about unsecured items on scaffolding or other heights can be negligence.
If the owner or construction company failed in its duty to maintain safe premises and someone sustained a physical injury as a result of that failure, the property owner or construction company can be liable for the injured person’s losses.
Call the Montero Law Center today at 954-767-6500 for your free consultation and case evaluation.