Setareh Law
January 26, 2025
Construction sites are filled with potential hazards that could result in serious injuries for both visitors and workers at that site. Construction companies, including the general contractors who oversee the site as a whole and the subcontractors working on the site, must take all possible precautions to ensure that they do not inadvertently cause an injury. Despite those precautions, however, errors may occur on the construction site that ultimately results in significant injuries.
Falling debris, from tools to materials, can pose a serious hazard for anyone on a construction site. When injured victims suffer injuries due to falling debris, they may have the right to pursue compensation for their injuries. However, before you pursue compensation for your damages, you must determine who bears liability. Our team at Setareh Law can help answer any questions you may have regarding your accident.
Understanding Falling Debris Accidents
Falling debris accidents can occur at any construction site, posing a significant risk to workers, visitors, and bystanders. These accidents can result in serious injuries, including head trauma, spinal cord injuries, and even fatalities. Understanding the causes and consequences of falling debris accidents is crucial for preventing such incidents and ensuring a safe working environment.
Construction sites are bustling with activity, and the movement of materials and tools can sometimes lead to items being dislodged and falling from heights. When safety protocols are not strictly followed, the risk of such accidents increases, making it essential for all parties involved to be vigilant and proactive in maintaining site safety.
Hazards at Construction Sites
Construction sites are inherently hazardous environments, with numerous risks and dangers present at all times. Some of the most common hazards at construction sites include:
- Falling objects, such as tools, materials, and debris
- Uneven surfaces and tripping hazards
- Exposed cables and electrical hazards
- Heavy machinery and equipment malfunctions
- Structural failures and collapses
These hazards can be mitigated by implementing proper safety measures, such as regular inspections, maintenance, and training for workers. Ensuring that all equipment is in good working order, keeping the site organized, and providing adequate safety gear can significantly reduce the risk of accidents. Regular safety drills and continuous education on occupational safety standards are also vital in fostering a culture of safety on construction sites.
Potential Liable Parties for Falling Debris Accidents on Construction Sites
Falling debris on construction sites can result from a number of potential circumstances, which may determine who bears liability for the incident. Potentially liable parties include:
Premises liability can play a role in determining who is responsible for falling debris accidents, as property owners and contractors have a legal obligation to ensure safety for both workers and bystanders.
General Contractors
Construction companies must meet OSHA regulations that help protect both workers on the job site and visitors to that site. For example, when workers work above a certain height, they may need to have railings that help protect against falls. Workers may also need to secure any items that they need at those heights.
When a general contractor fails to provide adequate safety supplies or ignores key safety regulations, leading to falling objects, the general contractor may bear liability for the incident.
Subcontractors
Many construction sites have a number of subcontractors, or companies that work on specialized areas of the project. Each subcontractor is responsible for not only completing their specific tasks, from electrical work to roofing but also for ensuring that they keep their work areas safe. If an employee of the subcontractor does not exercise adequate safety precautions, the company may bear liability for those dangerous actions, potentially leading to serious consequences for injured workers.
Equipment Manufacturers or Rental Companies
Sometimes, general contractors will need to rent out safety equipment or tools in order to accomplish their jobs. For example, many companies will rent heavy equipment instead of owning it themselves. Construction workers and other visitors to the site have the right to expect usable equipment that does not pose a danger to them.
If the manufacturer of the equipment puts out equipment with essential flaws that result in severe injuries, or if a rental company allows companies to rent equipment with damage that leads to an accident, they may bear liability for any injuries caused by that negligence. Victims can claim reimbursement for their medical expenses if injured due to faulty equipment.
Liability for Non-Workers
Non-workers, such as visitors and bystanders, can also be injured by falling debris at construction sites. In such cases, the property owner or general contractor may be held liable for the accident. This is because they have a duty of care to ensure that the construction site is safe for everyone, not just workers. If a visitor is struck by falling debris, the property owner or general contractor could be found negligent if they failed to implement adequate safety measures or did not properly secure the site. Ensuring that warning signs are posted and that non-workers are kept at a safe distance from hazardous areas is part of this duty of care.
Proving Liability
To prove liability in a falling debris accident, it is essential to establish that the defendant had a legal duty of care towards the injured party. This can be done by showing that the defendant failed to exercise reasonable care in preventing the accident.
For example, if a general contractor fails to provide proper safety equipment or training to workers, they may be held liable for any injuries that occur as a result. Evidence such as safety records, witness testimonies, and expert opinions can be crucial in demonstrating that the general contractor or another party did not adhere to the required safety standards, leading to the accident.
Steps to Take After an Accident
If you have been injured in a falling debris accident at a construction site, it is essential to take the following steps:
- Seek medical attention immediately: Your health and safety are the top priority.
- Report the incident to your employer or the site manager: Ensure that the accident is officially documented.
- Document the incident, including taking photos and gathering witness statements: This evidence can be crucial for your claim.
- Contact a personal injury attorney to discuss your options for compensation: Legal guidance can help you navigate the complexities of your case.
- Keep a record of your medical treatment and expenses: Detailed records will support your claim for compensation.
- Follow up with your employer and insurance company to ensure that your claim is processed correctly: Stay proactive in managing your case.
By taking these steps, you can ensure that you receive the compensation you deserve for your injuries and that those responsible for the accident are held accountable. A personal injury attorney can provide a free consultation to help you understand your rights and the best course of action to take.
Recovering Compensation for Falling Debris: What to Expect
Most construction companies carry substantial insurance that provides financial protection any time someone suffers injuries due to the negligence of the construction company or its workers. However, insurance companies may not automatically pay the compensation you deserve, even in cases where you may need to file a workers’ compensation claim. While you may deserve compensation for medical costs, lost wages, and pain and suffering, insurance companies may try to reduce the compensation they actually payout to you as much as possible. Additionally, workers’ compensation benefits can cover medical expenses and lost wages, but they often do not extend to non-economic damages, suggesting that injured workers may have additional avenues for seeking compensation.
A lawyer can offer assistance as you navigate the claim process. A lawyer can launch an investigation to help determine which company bears liability for your injuries and advise you on which type of claim you have the right to file. A lawyer can also help you evaluate how much compensation you should expect based on both the financial and non-financial damages you suffered.
Contact a Construction Site Accident Lawyer at Setareh Law
If you suffered injuries due to falling debris at a construction site, you need an experienced construction site accident lawyer who can support you as you seek the compensation you deserve. Property owners can also be held liable for injuries caused by falling debris. Our team at Setareh Law is here to help.
Contact us online or at (310) 659-1826 to learn more about your rights. We also speak Spanish.
