Construction Injury Law

Construction work site injuries are governed by common law and statute. Common law is the body of law created by judicial decisions and statutory law is the body of law created by statute. A plaintiff may seek financial recovery under the common law tort theories of negligence and premises liability. A plaintiff may also seek relief through statutory employment law remedies like workers compensation.

Negligence

A construction worker injured on a work site may sue for negligence. Negligence occurs when a person fails to exercise the standard of care that a reasonable, prudent person would have exercised in a similar circumstance. In order to recover, the following must be proven:

(1) The defendant owed a duty to the plaintiff;
(2) The duty was breached;
(3) The breach was the actual and proximate cause of the plaintiff's injury; and
(4) The plaintiff suffered personal or property damage.

All people owe a general duty to act in accordance with how a reasonable, prudent person would in a similar circumstance. As such, reasonable, prudent people take precautions against unreasonable risks of injury to others. If unreasonable risk of injury to others occurs, a general duty of care is owed from the defendant to the plaintiff. No duty, though, is owed from the defendant to the plaintiff for unforeseeable risks. A higher standard of conduct applies to people who have special skill or knowledge above an ordinary person. For example, as opposed to acting as a reasonable person would, a general contractor must act as a "reasonable contractor" would.

Premises Liability

Construction injury law is also governed by premises liability, which is based on general principles of negligence. Premises liability law governs the duty that occupiers and land possessors owe to entrants on a property. A land possessor is not always the landowner. For example, a general contractor in charge of a construction project may be considered the land possessor. This duty exists regardless of ownership because the person in possession of the land is considered the best equipped to control and discover any dangerous conditions. A land possessor has a duty to maintain the property in a way that does not endanger others.

The difference between premises liability and negligence is that negligence places a general duty on all people to act reasonably and avoid foreseeable harm to others, while premises liability does not impose a general duty to act non-negligently. Rather the duty of due care depends on the relationship between the entrant and the land possessor. There are four types of entrants: invitees, children, trespassers, and licensees. Construction workers are considered business invitees. A business invitee is a person that enters the premises at the request of and for the purposes of the possessor. Consequently, possessors owe a duty to protect invitees against known dangers or dangers that can be reasonably discovered. Since premises liability is based on the possessor's negligence, unforeseeable risks or defects, or obvious risks that an invitee could have reasonable discovered, do not subject the possessor to liability.

Employment Law

Initially, common law governed the duty of an employee to provide a safe workplace as well as safe tools and equipment. The ineffectiveness of common law courts to provide legal remedies led to the creation of workers compensation statutes. State statutes determine worker compensation benefits. Workers compensation ensures that workers receive payment for lost wages and medical expenses. Relief can include medical care, temporary disability, permanent disability, and vocational rehabilitation.

Workers compensation laws affect potential legal claims. Employees receive benefits regardless of the employer's fault or the employee's own negligence. Because benefits are granted without determining fault, in most cases employers are protected from lawsuits from employees. Employees, though, may bring a lawsuit against a third party, such as the manufacturer of a defective product.

Violations of Statutes: OSHA

Occupational Safety and Health Act (OSHA) regulations are the most common safety regulations imposed on construction work sites. Federal laws promulgated under OSHA are in place to regulate workplace safety and health, and to enforce safety standards. Regulations entitle workers to a workplace free of known hazards. The land possessor is responsible for implementing OSHA regulations.

While OSHA violations do not create a private cause of action, many courts allow the admission of OSHA violations as proof of a defendant's duty and breach of duty in negligence lawsuits. For example, OSHA regulations can be used to show evidence of a standard of care or to show a violation of a regulation. At the same time, proof of compliance with OSHA does not relieve a defendant from a finding of negligence.

Who Can Be Liable?

To determine the liable party, it is necessary to ascertain the amount of control the individual retained over the premises of the construction site and over the performance of the work. As discussed, the amount of control over the work site helps to determine the land possessor, and thereby determine the liable party. The following duties apply:

• Landowners: In general, a landowner has a duty to protect guests from harmful conditions on their property. However, landowners are not always considered the land possessor. This determination depends on the degree of control that the landowner has on the premises during the construction project.

• General Contractors and Sub-Contractors: General contractors and sub-contractors have a duty to make certain a construction site is safe, warn of defects, hire competent employees, and comply with safety regulations.

• "Prime Contractors": A Prime contractor's duty only applies to the portion of the project hired to perform or for the work that is delegated to sub-contractors.

• Construction Equipment Manufacturers: Manufacturers may be liable for the construction of faulty equipment. In this situation, a product liability claim may be brought against the manufacturer.

For information on construction accident lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.

Mesothelioma Lawyers Houston Detroit Personal injury Attorney