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Construction litigation for third party claims

On Behalf of | Mar 25, 2022 | Construction Site Injury |

Working in the building industry is one of the most dangerous jobs in California. Employers have certain obligations to fulfill to help workers stay safe. There are other entities, as well, such as property owners and equipment manufacturers, who are also responsible in specific ways to ensure safety. Construction litigation is often prompted when a worker suffers injuries on the job due to the negligence of a third party.  

What constitutes third-party liability? 

The term “third-party liability” refers to negligence of someone other than an employer or co-worker, which contributed to a worker’s injury on the job. For instance, if a worker uses a defective power tool that causes an accident resulting in injury, the manufacturer of the power tool may be held liable for the defect. If a worker suffers injury due premises negligence, meaning a property owner did not maintain a safe work environment, the worker may have grounds for filing a third-party personal injury claim in a civil court.  

A plaintiff must substantiate an injury claim in court 

Filing a third-party personal injury claim is merely the first step toward seeking compensation for damages when a worker has suffered injury on the job because of another party’s negligence. As a plaintiff in a personal injury case, a worker must demonstrate to the court that the defendant owed him or her a duty and failed to meet that obligation. The court must also be convinced that failure to meet the duty was a causal factor regarding the injuries that occurred.  

Seeking outside support after a workplace injury 

In addition to power tools, construction workers often suffer injuries on ladders or scaffolds, as well as in motor vehicle collisions and other types of workplace accidents. Depending on severity of injury, an employee could be off work for weeks or longer while recuperating, which may cause financial distress. An experienced injury law attorney can act as a personal advocate in court to ensure that a client pursues the maximum amount of compensation to which he or she may be entitled.