Construction sites are known for being dangerous and filled with hazards that can quickly result in accidents and injuries to on-site crews. This is especially true when those responsible for managing construction sites fail to follow important safety protocols. Heavy machinery is either defective or unmaintained, designs are faulty and noncompliant and hazardous materials are mishandled. Sadly, when construction accidents occur, they happen abruptly and can lead to life-changing, permanent injuries or death.
If you or a loved one has been affected by a construction accident, you are likely familiar with the damages, such as frequent doctor and hospital visits, high medical bills, and great personal and professional losses. You might be wondering who is liable for injury on a construction site in New York and how to seek justice. This article will discuss the topic in greater detail.
The Parties Who Can Be Held Liable
It’s essential to know that several parties can share responsibility when determining who was at fault for a construction site accident in New York. Property owners, general contractors, and subcontractors share responsibility for maintaining safe environments for construction workers. ther third parties, like architects and engineers, may also be responsible for their designs and plans.
| Who Can Be Held Liable in a Construction Accident in New York? | ||
| Party | Role and Responsibility | Conditions for Liability |
| General Contractors | General contractors are responsible for overseeing a construction project, coordinating subcontractors, upholding safety regulations, and conducting on-site inspections. | They may be held liable if it is proven that they had control over the construction site, were aware of unsafe conditions, and failed to mitigate them or enforce safety protocols. |
| Property Owners | Property owners can delegate responsibility to general contractors but are still responsible for ensuring construction sites are safe, comply with safety regulations, and mitigate risks. | They may be liable if they are aware of unsafe conditions and fail to act appropriately to prevent accidents. Further, they may be liable if they actively contributed to dangerous conditions that contributed to the accident. |
| Subcontractors | Subcontractors may be responsible for several different tasks on a construction site, including ensuring employee safety and upholding safety protocols. | Similarly to general contractors, they may be liable if it is proven their negligence or failure to follow safety protocols contributed to or caused a construction site accident. |
| Architects and Engineers | Architects and engineers are responsible for designing and planning safe and compliant projects. If they fail to do so, they may be held liable. | They may be held liable if their designs or plans are proven defective and contribute to or cause a construction site accident. |
Determining Liability for Construction Accidents
Determining liability in a construction accident case will depend on the exact details of your accident. Every case is different and will require a thorough investigation of the facts, involved parties, and on-site conditions to determine who and what contributed to the accident. The actions or inactions of involved parties, even the workers themselves, will be analyzed.
New York law has strict laws protecting construction workers who have become injured due to unsafe working conditions, especially when scaffolding, ladders, and heavy machinery are involved. Each case is unique and will require investigation and evaluation by a legal expert.
The general legal guidelines for determining liable parties in construction accidents include:
- Duty of Care: The liable party must have an assumed or contractual responsibility to protect construction workers from unsafe conditions and risks.
- Negligence: It will be necessary to prove that the liable party was negligent and did not uphold their responsibility to protect workers from risk. For example, property owners and general contractors who fail to comply with applicable safety regulations or reduce exposure to on-site hazards.
- Causation: It is necessary to prove that the liable party’s action or inaction contributed to or caused the accident.
- Damages: The injured party must have suffered damages as a result of the construction site accident. Possible damages include loss of life, injury, personal and professional losses, pain and suffering, and other losses.
Potential Settlement Amounts
If you or a loved one has been injured on a construction site, establishing liability for that injury will play an essential role in seeking justice and compensation. Victims may be entitled to recover reimbursement for their losses. However, it’s essential to understand that it is impossible to estimate settlement amounts at the beginning of a personal injury case.
It is necessary to seek the advice of an experienced attorney who can evaluate your case, provide appropriate legal guidance, collect evidence, and ensure your personal injury claim properly documents all eligible damages. Working with a legal professional can help ensure the best possible outcome for your case and ensure that all liable parties are held responsible.
Contact the Law Offices of Eric Richman Today
The Law Offices of Eric Richman has over twenty-five years of fighting for personal injury victims who have suffered permanent injuries and great personal and professional losses as a result of construction accidents. These cases can be complex, however, working with a legal expert can help ensure you get the justice you deserve.
Don’t wait to schedule a free initial consultation with Eric Richman, Esq. Our law office is here to provide the compassionate support and expert legal representation you need to overcome your current challenges. We also schedule confidential at-home or hospital visits if you cannot travel.
Eric Richman’s team offers compassionate, expert legal representation for the New York City Area. To schedule a free consultation or learn more about “How to Choose a Personal Injury Lawyer,” contact us for a free consultation or call us at (800) 801-9655.
