Who is Responsible for a Dallas Construction Accident?
- February 12, 2015
- Construction Site Accidents
Injuries at a construction site can create complicated legal questions, especially regarding who should take responsibility for the injury. This is because who is liable depends on a number of factors, including who you are and who is present at the construction site.
Your Dallas construction accident attorney will need to interview you to answer the following questions:
- Where were you when the accident occurred? Who is actually responsible for the accident may depend on where it occurred. The liability will vary if you were actually on the construction site instead of in the office.
- Were you using any equipment when the construction accident occurred? Whether and how equipment was used could also affect liability in a construction accident. If you were misusing equipment, for example, then it is possible that no one is liable for your accident. If the equipment had maintenance issues, then the seller, manufacturer, or the person maintaining the equipment could be responsible for the injury.
- Who is your employer? There are a number of people that find themselves at a construction site, including employees and independent contractors. Your employer may affect the liability in a construction accident.
- Explain the conditions of the work site. There are legal standards that must be met to maintain a safe working environment in construction areas. If the area was not up to these legal standards, then the site maintenance person could be held responsible for any injuries that resulted from the poor maintenance.
- How large was this construction project? The size of the construction project will determine how many people were there and the type of people that were there. In small projects, it is much more likely that the landowner will be involved, but in larger projects, involving the landowner is rare.
Parties Involved at a Construction Site
It may be helpful to know some of the key people found at the construction site to determine who should be responsible for the construction accident. Sometimes these people may have to share in the responsibility as well, depending on your specific situation.
The Landowner: The landowner may give up their legal rights to the land while the construction project is happening. This is particularly common in large construction projects. Whether the landowner is liable will depend on how much control they have over the project and the people involved in the project.
The Contractors: There are several types of contractors, including general contractors, subcontractors, and prime contractors. General contractors and subcontractors have a legal duty to keep the entire site safe, and prime contractors have a legal duty to keep their particular project safe.
Engineers and Architects: These people have designed the final product, and they may supervise some of the building. Usually, if they are liable, it is only after the construction project has been completed.
Manufacturers and Maintenance People: If there is an injury involving equipment, then the manufacturers and maintenance people involved with that equipment may be liable. Generally, they only get involved when there is something wrong with the equipment, such as a malfunction.
Insurance companies may also be involved if there is a construction injury, particularly in large construction projects. With all these moving parts and people, it is easy to see why an experienced construction accident attorney will be helpful to anyone who has been injured in a construction accident.