It seems like there are construction sites around every corner these days. New apartment buildings are going up in the city, housing units are being built in the suburbs and businesses everywhere are renovating and expanding. With all these construction sites filling relatively small areas, it’s common for those passing by to be injured by debris falling from the site. Let’s take a look at what all is involved in making your case if you were hurt at a construction site.
Common Mistakes That Lead to Injuries
Injuries at construction sites often result from falling debris. While there are a variety of mistakes that lead to falling debris, let’s take a look at four of the most common ones.
- Inadequate warnings unfortunately lead to many construction site injuries. Passing pedestrians always need to be aware that they are near a construction zone, so signs must be visible letting people know about the construction and risk of debris.
- Failing to secure equipment and tools at construction sites often results in injuries since these objects are constantly being moved around the construction site.
- Old or flawed equipment also causes injuries from falling debris. Equipment gets old and weak over time and can fail, leading to attached objects falling to the ground. All equipment used at construction sites such as cranes and hoists with their hooks and cords should be regularly inspected for wear and tear.
- Inadequate barricades lead to injuries if they do not keep pedestrians a safe distance away from the construction site. Anyone near a construction site must wear a hard hat to protect them from falling objects, so those just passing by without hard hats should be kept a safe distance away from the site.
Making a Case if You Were Hurt at a Construction Site
If you were hurt at a construction site, you may be able to file a lawsuit against the construction company depending on the circumstances of your accident. In order to pursue your personal injury case, you must prove the following three aspects.
The Defendant Was Responsible for Keeping the Site Safe
In order to pursue your case against the defendant, you must demonstrate that they had a duty to keep the construction site safe. This can be more difficult than it sounds since multiple superiors at the site may claim that another one of them was responsible for safety. Ultimately, the person in charge of safety should be specified in the signed contract documents for the construction site.
Another issue that complicates this aspect is what a safe construction site actually means. Various courts interpret this differently, but the safety of the construction site is generally compared with the safety of another similar construction site to see what could have been done differently to prevent injuries.
The Defendant Failed to Uphold Their Duty
If a construction company failed to keep their site reasonably safe, they demonstrate a breach of their duty and are considered negligent. For instance, let’s say a construction company is required to keep pedestrians a certain distance away from the site and they fail to provide adequate signs and barricades to do so. This is considered a breach of their duty, and the company may be liable for any injuries that result from their negligence.
The Defendant’s Negligence Caused Your Injuries
In order to make a case, you must prove that the construction company’s breach of duty caused your injuries. Even if you can demonstrate that the company did not have adequate signs and barricades to keep pedestrians a safe distance away from their falling debris, you must also prove that this negligence caused your injuries.
If you tripped and fell due to a pothole near the construction site, for example, your injuries are unrelated to their breach of duty. If, however, you sustained your injuries from falling sheetrock or a wayward hammer, you may be entitled to compensation for your resulting medical costs, lost income from an inability to work, decreased quality of life and additional pain and suffering.
Contact a Personal Injury Attorney
If you were hurt on a construction site near the Chattanooga, TN area, contact a local personal injury attorney at McMahan Law Firm. Our attorneys will help you make your case and fight for the compensation you deserve.