Construction workers play a vital role in the growth of our towns and cities, but the job is known for being risky. If you are injured in a construction accident, speak to an attorney about taking legal action and getting fair compensation for your losses.
Construction sites tend to be busy and bustling places, and determining whom to hold liable might be challenging. Often, employers like general contractors and subcontractors are responsible for accidents, but property owners and third parties might be liable instead under certain circumstances. In many cases, proving liability means proving the defendant’s negligence directly caused the accident. Negligence takes various forms, and evidence will be unique to your situation. Since injuries in construction accidents can be severe, damages might be quite high. Your damages should include expenses related to your injuries and losses in addition to psychological stress or harm. Your lawyer can help you assess your damages and gather evidence to prove the defendant should be held liable.
Schedule a review of your case for free with our construction accident lawyers by calling Legal Care New Jersey at (732) 838-9769.
Who is Responsible for Construction Accidents in Elizabeth, NJ?
Construction zones are far more complex than the average workspace. Numerous contractors, workers, and others might be on the job site at any time. As such, determining who is responsible for an accident can be difficult at times.
Employers
Employers of construction workers are often responsible for accidents on construction sites. Often, there is not a single employer for construction jobs. First, there is usually a general contractor who oversees the entire construction project. Next, there might be subcontractors who oversee specific potions for the job, but not the entire thing. Whom you hold liable depends on who hired you.
Property owners usually hire general contractors to do a construction job, and the general contractor then hires other workers. In larger projects, the general contractor might hire one or multiple subcontractors. For example, a general contractor might hire separate subcontractors for electrical work, plumbing, and drywall hanging.
If the general contractor hired you, you might be able to sue them for your accident and injuries. If a subcontractor hired you, they might be the appropriate defendant. On top of that, you must consider which person has control over your work. Even though you might be working for a subcontractor, the general contractor might still exercise some control over how you do your job.
Property Owners
Although this situation is less typical, you might be able to hold property owners liable for the accident and your injuries. The property owner might be responsible for accidents if they exercise some level of control over the construction project. This is less common as many property owners hire general contractors to do the job and then relinquish control. However, if the property owner perhaps required you to use tools they provided, and one of those tools malfunctioned and injured you, the property owner may be liable.
Another possibility is that the property owner did not make the property safe for the workers. For example, suppose you are doing construction work and need to be on the roof of a house. Next, suppose there is severe water damage on the roof that the homeowner knew about but failed to disclose to you. If you fall through the roof and become injured, the homeowners might be responsible because they failed to make the property safe or warn you about dangerous conditions.
Third Parties
It is possible that people who were not even present at the construction site are responsible for the accident. A common third-party claim in construction accidents relates to defective equipment. Construction workers need their power tools, machinery, and other pieces of equipment in proper working order so that they can do their jobs safely. If a tool malfunctions, the worker might be badly hurt. In such cases, you can sue the manufacturer of the defective tool.
How to Prove Liability for a Construction Accident in Elizabeth, NJ
To prove your claims and have the defendant held liable, our construction accident attorneys need to establish negligence. Negligence is defined by its four legal elements: duty, breach, causation, and damages.
In short, we first must show how the defendant owed you a duty of care. Exactly what this duty looks like depends on who the defendant is and their relation to you. Next, we must establish how the defendant breached this duty. This is often the negligent act that caused the accident. Then, we must show how the breach is the direct cause of the accident. Finally, we must show that your damages are real, not merely possibilities.
The evidence you need to establish negligence may be unique to your case. You should thoroughly go over the accident with your attorney to determine where to start collecting evidence. If you were injured by faulty equipment, the defective tools should be acquired and presented as physical evidence.
Logs and records from work showing who was on the job site and how those in charge maintained the job site might also be useful. Accidents are often caused by many small acts of negligence coming together. For example, the general contractor in charge might have failed to keep the site clean, and the build-up of trash and debris might have caused the accident. Business records regarding site maintenance may shed light here.
We must also speak with other workers who were at the job site when the accident happened. Witnesses often provide powerful and persuasive testimony that can make or break a case. Eyewitnesses may testify about how your accident happened. Other witnesses who did not necessarily see the accident might still testify about things like the cleanliness of the site, conditions of told or equipment, and whether safety regulations were enforced.
Contact Our Elizabeth, NJ Construction Accident Attorneys
Schedule an evaluation of your claims for free with our construction accident attorneys by calling Legal Care New Jersey at (732) 838-9769.
