Who Is Responsible For A Construction Accident

Who Is Responsible For A Construction Accident
  • Author: Fazal Umer
  • Posted On: February 15, 2023
  • Updated On: July 11, 2023

Suppose you are the victim of a construction site accident. In that case, you have the right to file a personal injury lawsuit against the entities or individuals responsible for the accident and your injuries.

You should contact a construction accident attorney in Fresno immediately because they can help you file a claim, gather evidence, and ensure you are rewarded the damages you are entitled to.

But who exactly is responsible for a construction accident in California according to the law? Let’s find out!

Liability in Construction Accidents California

If you are the victim of a construction accident in Fresno, California, then the liability of the accident depends on how the accident occurred and who was involved. Because of this, there is a wide range of individuals or entities that can be held responsible, such as:

  • The construction company
  • Property owner
  • General contractors and subcontractors
  • Equipment manufacturers
  • Architect or engineers
  • The city or government agencies

This is where a construction accident attorney steps in and helps you find out the true culprits that will be held accountable for their actions. We all have a duty of care to one another in society and once that duty is breached and results in injury, we are held liable.

In your construction accident case, you have to prove that the at-fault party had a duty of care, breached it, and that breach resulted in your injuries. This is the principle of negligence and one of the legal grounds for initiating a personal injury lawsuit.

Property owners or managers have the responsibility to ensure that their premises are safe and have a duty to quickly resolve any dangerous conditions that might be present on their property. To prove premises liability, you must showcase that the at-fault party had control of the property when the accident occurred.

You need to prove their negligence in maintaining that property safe and that you were harmed due to their negligence. For example, there might have been some loose wires that you tripped on or broken stairs that weren’t repaired and caused you to slip and fall.

However, what happens when the workers were negligent and resulted in your injury, or there was a defective product at the construction scene that resulted in your injuries?

Negligent Workers

When it comes to construction vicarious liability, which means the construction accident occurred due to the negligence of the workers, both the employees and their employer can be held liable for the accident.

If a construction worker doesn’t secure a tool or other item and that item drops and injuries you as either a citizen or another worker, then the construction company can be vicariously held liable for the worker’s negligence. 

By having a construction accident attorney by your side, through their investigations, you will easily find out if you can sue your employer or other entities to increase your personal injury compensation claim.

Defective Products

Some construction accidents can occur due to faulty products. When this occurs, California’s  product liability laws step in, and these laws state that the manufacturer, designer, or seller can be held liable for your injuries due to the defective product.

Even a crane malfunction can be categorized as a faulty product, and you can sue the manufacturer or the entities responsible based on your lawyer’s investigations.

Construction Accidents Compensations

When it comes to construction accident lawsuit compensations, victims are rewarded for their monetary and non-monetary losses by assessing their economic and non-economic damages. For example, you can receive compensation for your medical expenses, rehabilitative treatment, including long-term care, or even lost income or future earnings.

If the accident was serious and caused you mental suffering or psychological disorders, you can also be compensated for this. The pain and suffering of your injuries and recovery are included in your non-economic damages compensation. Still, you can also be compensated for your reputation, loss of limbs, loss of consortium, PTSD, and more.

You could also sue for punitive damages if the construction accident was intentional. Though these damages aren’t meant to reward the victim but rather punish the at-fault parties. 

Dealing With a Construction Accident

Construction accidents can lead to severe injuries or even death. In both cases, you, as a victim or family member of a deceased loved one, have the right to sue the at-fault parties for the damages incurred. 

Even if you are partially responsible for the accident as a worker, you can recover some damages due to California’s comparative fault law. To make the most out of your case and receive the compensation you are entitled to, contact a construction accident attorney in Fresno immediately and defend your rights.

Your lawyer will work effortlessly in your name to ensure that you are properly compensated for your troubles and that the true entities responsible for your accident are held liable for their actions.

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Author: Fazal Umer

Fazal is a dedicated industry expert in the field of civil engineering. As an Editor at ConstructionHow, he leverages his experience as a civil engineer to enrich the readers looking to learn a thing or two in detail in the respective field. Over the years he has provided written verdicts to publications and exhibited a deep-seated value in providing informative pieces on infrastructure, construction, and design.