It is important to file a claim for compensation when a construction accident causes fatal or serious injuries.
Claims Based on Negligence
The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:
- Plaintiff was harmed
- Defendant owed a duty of care to the plaintiff
- Defendant breached the duty of care through negligence
- Defendant’s negligent conduct was a substantial factor in causing harm to the plaintiff
Premises Liability Construction Lawsuit
In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:
- Defendant owned, leased, or was in control of the property
- Defendant was negligent in the maintenance of the property
- Plaintiff was harmed
- Defendant’s negligence was a substantial factor in causing injuries to the plaintiff.
California Product Defect Claims
Under California products liability laws, whoever sells designs or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:
- Design defects
- Manufacturing defects
- Inadequate warning of potential safety hazards
A product liability lawyer near you should be able to provide you with additional information.
Who Can Be Held Responsible for Construction Accidents?
- Construction company
- Construction worker
- Contractor or subcontractor
- Property owner
- City or government agency
Workers’ Compensation Claims
Under California workers’ compensation law, injured workers can get medical benefits and lost wages regardless of fault. However, the workers’ compensation system also limits the injured worker’s ability to file a lawsuit, depending on who was responsible for the accident and who was injured. The worker cannot file a lawsuit against the employer unless an employer’s wrongful act caused the injury. Though, the worker, who has suffered an injury may be able to file a construction accident lawsuit against a third party.
Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff’s damages award will be reduced by the proportion of negligence.
Common Causes of Construction Site Accidents:
- Slip and falls
- Faulty of properly maintained equipment
- Falling objects
- Fire explosion
- Respiratory disease
- Structural collapse
Types of Injuries in a California Construction Accident
People injured at construction sites can suffer different types of injuries, including:
- Neck and back injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones or fractures
- Sprains and strains
- Cuts and lacerations
Statute of Limitations for Construction Accident Claims
Under California law, a plaintiff must file a lawsuit within in a two – year period from the date of sustaining a construction accident injury.
Remedies for Construction Accident Lawsuits in California
In successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.
Economic compensatory damages include:
- Medical bills
- Medication and medical supplies
- Physical therapy
- Long-term care
- Lost future income
- Lost wages,
Non-economic damages include:
- Loss of consortium
- Compensation for loss of a limb
- Injury to reputation
- Pain and suffering
- Emotional distress
In case the defendant’s acted with malice, extreme recklessness, intentionally or fraud or oppression the plaintiff can also be entitled to punitive damages.