If you suffer an injury while in the vicinity of a construction site, as a worker or otherwise, it is possible that you can pursue damages for your injury beyond what you may receive through workers’ compensation. There are several ways negligence can lead to a construction accident. You could, for instance, become injured due to malfunctioning machinery. Or, unkempt property due to a negligent property owner could cause you to slip and fall.
Responsibility for the injury will vary depending on several factors. If it is a matter of premises liability and you believe the property owner is at fault, you will need to prove that the accident was avoidable. The owner should have also taken reasonable steps to repair dangerous conditions or caution their guests.
Furthermore, liability for an injury in the state of California will depend on your ability to demonstrate additional factors. You should be able to show that the defendant (the individual you believe to be responsible) had a duty, they were negligent of that duty and that the negligence led to your injury. The injury will also have to create significant damages to your personal and financial well-being. Such damages may include:
- Rehabilitation and other medical costs
- Pain and suffering
- Lost wages from missing work
Additional parties who may be responsible for a construction injury include manufacturers of the construction equipment used on site. And equipment commonly causing injuries includes power tools, scaffolding and other heavy equipment.
Filing a claim or pursuing legal action for any injury can be a stressful task. To learn more about your options, consider contacting an attorney or otherwise qualified personal injury professional.