Injured by Falling Debris at A California Construction Site – Who Is Liable?
- Jun 15 2017
The construction industry is one of the largest, and also one of the most dangerous in the country. Some worksites are in the middle of a city, have lots of heavy machinery, or have a lot of people working in close proximity to each other, all of which can create a hazardous working environment.
Across the nation, the construction industry ranks third for accidental deaths. The California construction industry is tightly regulated and has strict safety laws, but accidents still happen. You have the right to bring a personal injury lawsuit if you are a construction worker, or a pedestrian and find yourself injured in a construction accident.
What Are the Causes of Falling Debris?
Materials at a construction site sometimes fall and cause serious injury. Some of the contributing factors that can lead to falling debris include
1. Poor safety precautions: A lack of barricades or signs at a construction site might mean people without proper protection are in a danger zone
2. Lack of proper equipment inspection: Insufficiently inspected hooks, cables and safety lines could lead to falling debris if the devices fray or break without replacement
How Do You Determine Who is Liable?
Generally, California law does not allow employees to sue their employer for an injury suffered on the job, but workers are entitled to workers’ compensation regardless of who is at fault. However, both workers and pedestrians do have the option to bring a case against a third-party if they are found to be liable.
An experienced construction accident attorney will be able to work with you if you are hurt by falling debris by maximizing your compensation for pain and suffering, medical expenses or lost wages.
An injured person must be able to show the following in order to win a personal injury case:
1. The defendant had a duty to maintain a safe construction site
2. The defendant did not uphold that duty, and the breach caused harm
What Should I Do If I Am Involved in an Accident?
Each and every construction site has someone who is responsible for its safety. However, it can be difficult at times to figure out who is ultimately responsible. Below are some steps to take if you do find yourself or someone you love involved in a falling debris accident:
- Get proper medical attention for any injuries
- Take photographs and record details of the accident scene and any injuries
- Ensure that proper documentation is filed with the police and the California Occupational Safety and Health Administration
- Hold on to any records of medical treatment and expenses
- Speak with an experienced lawyer before talking with an insurance company or a construction site investigator
If you or someone you love has been injured in a construction accident, contact the J&Y Law Firm for a free consultation today.
Posted in: Construction Accident