The Basics of Construction Site LiabilitySeptember 26, 2019 | Category: Construction Accidents, Personal Injury | Share
Speak to an Experienced Fort Myers Personal Injury Lawyer Today
Have you been injured on a construction site due to the negligence or wrongful misconduct of another? In Florida, you may be entitled to compensation under the law. However, construction site liability can be a bit confusing for first-time plaintiffs. Let’s briefly examine some of the basics.
Duty to Maintain a Safe Construction Site
Contractors and property owners have a duty to maintain a safe construction site for their workers (and other premises entrants). By violating that duty and thereby contributing to an injury, the defendant exposes himself to potential liability.
Common safety issues we encounter include, but are not limited to, the following:
- Unprotected elevator shafts
- Lack of fall prevention systems (i.e., no railings on upper deck floors)
- Failure to implement proper safety protocols
- Failure to adequately train workers and supervisors as to safety protocols
- Failure to provide reasonable safety equipment
- Known and continued use of defective equipment
For example, if you are working at a construction site where everyone knows that a particular forklift is “finicky” and prone to lose control, then you might have a significant claim in the event that the forklift loses control during operation and injures you. Known defective equipment must be repaired or replaced, but too often, contractors/owners delay in doing so in an attempt to preserve their profit margins.
If you’ve been harmed in a construction site accident, you may have a claim against a third-party defendant, such as an adjacent landowner or the manufacturer of a safety device. Establishing liability against multiple defendants is useful to ensure that you can secure the maximum possible compensation.
Suppose, for example, that you are injured in a ladder accident while performing roof renovations on a project site. Further investigation reveals that the ladder was improperly designed, thus making it more likely to “collapse” under the weight of a single user when placed at a 45-degree angle. Under these circumstances, you would very likely have an actionable claim against the manufacturer for damages.
Given the possibility of there being multiple defendants (and theories of liability), it is important not to resign yourself to a particular result before speaking with a qualified Fort Myers personal injury lawyer.
Contact Spivey Law Firm, Personal Injury Attorneys, P.A. for Help
Randall Spivey and his team boast extensive experience advocating on behalf of injured plaintiffs throughout the state of Florida in a variety of disputes (including those that occur at a construction site). We recognize the frustrations that many injured workers go through in the wake of an accident, and we understand how challenging it can be to fully understand one’s rights and secure compensation. As such, we encourage prospective plaintiffs to contact our firm to schedule a free and confidential consultation, during which time we will help clarify the issues and work with the client to identify potential avenues for recovery.
Over the years, we have achieved real results for our clients through both trial litigation and negotiated settlements. These successes speak volumes about our strategic approach to representation.