Liability

A guide to liability, fault, and negligence in Construction Accident Cases, including an overview of the parties who may be responsible for damages resulting from the accident.

Construction Site Owner · General Contractor · Subcontractors · Prime Contractors · Architects Engineers and Design Professionals · Machinery or Equipment Manufacturer · Insurance Company

Construction Site Owner

In the event of a construction site accident or injury, the degree to which the construction site owner is liable for damages depends on the amount of control he or she gives to the independent contractors working on the construction job site.  In some cases, because the land owner gives away practically all control to the contractors, they may not even be considered the legal owners of the land while the construction project is in progress.  Because of this, the person with legal control of the construction site, often a contractor and not necessarily the landowner, assumes the responsibility for the job site and any injuries, accidents, or damages that occur on it.  The bottom line is that whoever "owns or possesses" the land at the time the construction accident occurs is liable for any injuries that happen to anyone involved in the construction project that are caused by  harmful or potentially dangerous conditions that the possessor knew or should have known of.  However, it is important to note that this duty and potential liability DOES NOT extend to harmful or potentiall harmful conditions that should be obvious to those working on the site. The liability of the possessor of the land can also be eliminated or at least lessened, depending on the independent contractor’s knowledge and corresponding duties. Nevertheless, if the land owner is legally the possessor of the land while the construction project is in progress, he or she may be liable for damages.

General Contractor

More often than not, the general contractor is legally required to ensure that a construction site is as safe as possible. They are also required to warn anyone on the construction site, both workers and those visiting the worksite, of existing hazards, dangers, or potentially harmful conditions to that they might be exposed. A general contractor’s responsibility to make sure  that the work environment is free from unreasonably unsafe conditions, to the extent that this is possible, also includes the hiring of competent workers and ensure that they follow safety regulations.

Responsibilities of the general constractor are far reaching, to the extent that, if a worker or employee is injured in an accident on a construction site, unless there are extenuating circumstances, the general contractor is considered legally at fault. Consequently, the general contractor is responsible to legally compensate the injured worker for the damages.  In the event that Contractor Liability Insurance has been purchased, the contractor will not entirely absorb the financial repercussions.  Most contractors are required to purchase this type of insurance. If the general contractor withholds some information that leads to an incident, accident, or injury, he or she (and his or her employer) become personally at fault, and liable for all injuries suffered due to a construction accident on the site for which they are responsible. Finally, if the general contractor acted against or without the knowledge of his or her employers, he or she can also be held liable for these actions if they lead to a construction site accident or injury.

Subcontractors

It is the legal responsibility of the sub-contractors are the same as those of the general contractor, though limited to the portions of the jobsite and project where they are in authority. That is, they must make sure that the site is as safe as possible, that they provide warnings for existing hazards or potentially dangerous conditions, etc.  The sub-contractor’s duty to ensure a safe environment, for both workers and visitors to the construction site, to the extent that they can exercise control over a portion of the construction site. As with the general contractor, the subcontractor does have a responsibility to employee competent workers and to follow safety regulations.

Prime Contractors

A prime contractor is only responsible for the work delegated in his or her prime contract, as opposed to general contractors who are responsible for an entire project. The prime contractor monitors and coordinates construction work and provides the necessary tools and equipment used by subcontractors and employees. Prime contractors assume accountability for any work that they delegate to sub-contractors and have exclusive responsibility over those sub-contractors. Prime contractors can work to avoid construction accidents on their worksites by ensuring proper training for heavy equipment and proper lifting techniques, as well as making sure that all workers are well-rested and focused.

Architects Engineers and Design Professionals

Architects, Engineers, and Design Professionals can bear varying degrees of fault for accidents on construction sites. The degree of fault is primarily based upon their contract with the construction site owner. Often, a design professional such as an architect or engineer, will be responsible for ensuring that regular inspections take place on the site, in order to ensure that the building is being done in accordance with the both the plans and code regulations, in the safest manner possible. Furthermore, design professionals are always held to certain accepted standards while performing professional services, and must observe them throughout the process of construction.  Should they fail to meet the aforementioned standards, an architect, engineer, or design professional may be at fault, and held liable for a construction injury.

Machinery or Equipment Manufacturer

Obviously, in some construction accidents, the liability for the injury and damages does not fall on the owner of the construction site, or on the contractors, but rather on the manufacturer of defective construction machinery or equipment that results in harm. This is because of the legal concept of “strict liability.” Strict liability means that the manufacturer is liable for damages and harm resulting from products, regardless of fault or intention, simply because the harm or damage is a consequence of the product. If construction equipment or machinery harms a construction worker due to some defect, failure to warn, etc, the manufacturer may be liable for the injury, lost wages, etc.

Insurance Company

Often, because of the number of laborers, the extensive use of machinery, and due to both state and federal laws, there are numerous types of insurance that the owners and operators of a construction site are required to have. If a construction worker is injured on the job and seeking compensation for injuries, damages, lost wages, pain and suffering, etc, the construction site insurance policies should be thoroughly examined. Obviously, larger construction projects have more insurance requirements and consequently, more possible means of recovering damages. Common construction insurance requirements include:

When dealing with construction insurance policies, it is important to have an experienced construction lawyer, who understands the nuances of each policy, and can guide you through the complexities of the law, as well as deal with the construction insurance companies.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Construction Accidents · Legal Help · Work Accidents