Where Does The Liability For An Accident Fall On A Construction Site?


A construction site is a dangerous place for everyone, but it is even more so for construction workers. When you get injured on a construction site and wish to file for a claim, it is crucial you understand which party is liable for your injuries. The construction work is inherently dangerous, and the slightest mistake may end up causing a lot of damage. These are the most common accidents that may cause injuries on a construction site;

  • Falling from a scaffolding 
  • Getting struck by something falling from above
  • Unsafe equipment
  • Improper use of construction machinery
  • Exposure to dangerous chemicals or contaminants, like asbestos or heavy metals
  • Electrocution from a faulty wiring

Construction sites are often chaotic and have multiple parties involved in the construction project, depending on its scale and type. Different parties manage different aspects of a project, like supplies, machinery, architecture, etc. Therefore, determining liability in a construction project can be difficult. If you wish to claim damages, you may need help from the experienced law firm of Ayers, Whitlow & Dressler to uphold your rights.

These are the parties that are responsible for a construction site accident;

  • Landlord

In a construction site, the liability for an accident may fall upon the landowner, depending upon several factors, including their role or control in the day to day operations of the construction work. If the control of the land or property is entirely handed over to a contractor, then the owner may be exempt from some liability. 

If people are invited over to a property, the possessor of said property has a legal obligation to ensure their safety and inform them about any precautions (where necessary). You may contact your lawyer to determine if the property owner is liable for damages in your accident.

  • Construction contractors

A contractor or subcontractor working on a construction site must ensure the safety of their workers. They must make the construction site reasonably safe and warn relevant people about various hazards or defects on the site. Their duty also includes hiring competent personnel who know their work and instruments while following safety protocols. If an accident occurs, the prime contractor or subcontractors may be held liable for damages.

  • Architects and engineers of the project

Architects or engineers have a crucial role to play in any construction site. In addition to their work, they are also responsible for ensuring the project or building is safe for the workers, inhabitants, or passersby. They must ensure all security or safety codes are followed to the latter. If accidents occur due to their negligence, they may be held liable in a court of law.

  • Machinery manufacturers

If the cause of the accident is faulty equipment or dangerous machine design, then its producer may be held liable.

Hiring a construction accident attorney

An accident on a construction site is complex when determining where the liability falls. Such a case can be confusing and overwhelming for all parties involved. Insurance agencies are also notorious for taking advantage of the injured individual or the property owner by providing minimal support or no compensation at all. In light of such problems, you can ease your burdens by hiring a competent attorney specializing in construction site accidents to help you navigate the laws and complex insurance policies.

About Author

LaDonna Dennis

LaDonna Dennis is the founder and creator of Mom Blog Society. She wears many hats. She is a Homemaker*Blogger*Crafter*Reader*Pinner*Friend*Animal Lover* Former writer of Frost Illustrated and, Cancer...SURVIVOR! LaDonna is happily married to the love of her life, the mother of 3 grown children and "Grams" to 3 grandchildren. She adores animals and has four furbabies: Makia ( a German Shepherd, whose mission in life is to be her attached to her hip) and Hachie, (an OCD Alaskan Malamute, and Akia (An Alaskan Malamute) who is just sweet as can be. And Sassy, a four-month-old German Shepherd who has quickly stolen her heart and become the most precious fur baby of all times. Aside from the humans in her life, LaDonna's fur babies are her world.

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10 months ago

 Construction sites are often hazardous work environments, which means that an accident can happen. Need to check this Paving contractor Morristown NJ and get more new ways of Paving in Morristown. Construction companies and their contractors are therefore required to properly train employees on safety regulations and protocols as well as identify potential hazards. However, there is always a chance that a construction worker might not be aware of certain risks that could lead to an accident or even death. In this case, the person responsible for the harm will be held responsible for it.

Last edited 10 months ago by Muce1938