Third Party Injury Claims and Construction Accidents
San Jose Construction Accident Lawyer
From chain link fences to hard hat warnings, the dangers involved in the construction industry are clear. People that work in this field are well aware of the risks and take appropriate precautions. Unfortunately, in addition to the obvious hazards, construction accidents can result from unseen defects of which a worker may be unaware.
This was recently highlighted in the Financial District of San Francisco, California. A crane used to update window washing gear at a Bank of America building was in the process of transferring a container with over five tons of mechanical equipment when a gust of wind snapped a portion of the crane.
The crane stalled and was unable to finish moving the massive container - leaving it hovering dangerously over traffic. After four hours passed, workers were able to begin moving the container to safety.
Determining Responsibility for Accidents
Although the Bank of America crane accident had a happy conclusion, many similar situations do not. Construction accidents can lead to catastrophic injuries and a lawsuit to compensate for medical and rehabilitative bills might be filed. This could include a third-party claim.
A third-party injury claim extends beyond workers compensation and may hold parties other than the workers employee liable who may be legally responsible for the injuries. This can include:
- Property owners
- Equipment manufacturers
These parties have duties designed to maintain the safety of the construction site. Contractors must ensure the site is reasonably safe for workers by warning of any hazards and hiring employees that are capable of safely completing the work. If unqualified employees are hired, contractors may be liable for any resulting injury.
A landowner may be liable if aware of a dangerous condition that causes an injury and does not warn workers. This duty does not extend to obviously dangerous conditions and can extinguish if the contractor was aware of the danger. Additionally, manufacturers may be held liable for designing and manufacturing defective equipment.
These duties are intended to reduce the risks associated with a very dangerous profession. Even with these safeguards, workers can become injured when one of these duties is breached. If you or a loved one is injured, it is important to contact an experienced construction accident lawyer to ensure all your legal rights and remedies are protected.