Construction Injury Accident Lawsuit

A construction injury accident can be either a work-related injury that happens at a construction site, or an injury to a third party at a construction site. Because construction zones are considered to be inherently dangerous areas, there are numerous measures in place to promote safety. Examples of such measures include various:

• Regulations;
• Specifications;
• Inspection requirements; and
• Job safety requirements.

Because construction sites are generally located in the middle of areas in which pedestrians are in the surrounding areas and sidewalks, minor mistakes in construction sites can result in major injuries to both workers and pedestrians.

In 1970, there was an average of 38 construction worker deaths per day in the United States. As of 2013, the average was 12 construction worker deaths per day due to construction accidents, with a total of 4,405 deaths.

The Occupational Safety & Health Administration (“OSHA”) is a federal agency in the United States Department of Labor. OSHA inspects construction sites for compliance with federal safety laws and safety regulations. Additionally, OSHA is responsible for ensuring that employees are safe while at work, and have a healthy work environment.

According to OSHA, more than half of construction site deaths in 2013 resulted from the Fatal Four. The Fatal Four includes:

• An accidental fall;
• Being struck by an object on the site;
• Electrocution; and
• Getting caught between or inside work equipment.

991 of the 4,693 worker fatalities that were recorded by OSHA in 2016 occurred in the construction industry, which is over 20% of accidents reported that year. As such, the Fatal Four remains a major problem. Eliminating these four is estimated to save 631 lives of workers in the United States every year, as well as eliminate many non-fatal injuries.

Of the 991 construction deaths that occurred in 2016:

• 384 were caused by falls;
• 93 resulted from being struck by a falling object;
• 82 were caused by electrocutions; and
• 72 were caused by being caught in-between or inside work equipment.

What Is A Falling Object Accident?

Simply put, falling objects injuries are sustained from being hit by falling objects. These injuries generally result from structures or other objects falling onto a person from a higher place. In many cases, this also involves a dangerous building, or something that was negligently placed so that it fell. Additionally, these injuries generally involve some degree of recklessness, such as a person dropping or throwing objects from a higher area.

The most common injuries associated with falling objects include the head, neck, shoulder, and back areas. These injuries can be especially serious in nature considering the weight of the falling objects, as well as the height from which they fell.

Some examples of the most common falling object injuries include:

• Injuries resulting from a construction site accident, such as a falling beam;
• Injuries resulting from a collapsing structure;
• Items falling from trees, stairs, ledges, or other elevated places;
• Broken shelves or overhangs;
• Items falling from a shelf in a store;
• Items falling out of a moving vehicle, such as crates falling off of a truck; and
• Injuries resulting from someone dropping objects from an elevated place, such as someone dropping something from a window onto the sidewalk below.

In terms of construction injuries, falling objects cause many injuries and the occasional fatality at construction sites. This is largely due to the fact that even a small item can cause serious harm if it is dropped from an elevated position. Construction employers have a duty to protect their employees, as well as innocent bystanders, from various harms such as falling objects.

Some of the most common construction mistakes that cause falling objects at construction sites include:

• Insufficient distance between pedestrians and construction sites resulting in pedestrian injuries when an object falls within the construction zoned area;
• Insufficient signs to warn pedestrians that the construction site is present, and that there is a risk of falling objects; and
• Failing to secure tools and other equipment, causing a high risk of the equipment falling down on walking pedestrians.

What Constitutes A Safe Construction Site?

Construction injury accidents can largely be avoided by implementing detailed safety procedures and training. Some examples of steps that can help prevent falling object accidents include:

• Carrying tools in work belts and toolboxes;
• Raising equipment and materials with hand lines and elevators;
• Placing equipment and materials in safe spaces where they will not slide, roll, vibrate loose, or be blown loose by the wind;
• Ensuring that workers are aware of who and what is underneath them at all times; and
• Posting warning signs and protective barriers around the worksite.

Construction sites that are located within areas that have walking pedestrians have an additional duty to keep and maintain a safe construction zone in an effort to prevent injury. A safe construction zone generally consists of:

• Keeping a safe distance from pedestrians;
• Complying with all safety measures;
• Posting proper warning signs, as was previously mentioned; and
• Having all workers wear hard hats throughout the construction site.

If a falling object injures a pedestrian or worker, the construction site is not likely to be considered safe. As such, it could be said that extra measures were not taken in order to prevent this condition.

Can I Sue For A Construction Injury Accident? Are There Any Defenses That The Construction Company Could Use?

Falling object accidents, similar to most personal injury cases, involve negligence or carelessness. In terms of legal liability, this generally falls on the construction company for carelessness by creating an unsafe work environment.

Either a construction worker or pedestrian who was injured by a falling object may be able to sue the construction company. In order to be successful in a negligence lawsuit caused by a falling object, the plaintiff must prove that:

• The defendant owed a duty to maintain a safe area within the construction site;
• The defendant breached that duty by not taking steps and extra measures in order to ensure the safety of the construction area;
• The defendant’s failure to exercise reasonable care which caused injury to the plaintiff; and
• The plaintiff suffered damages from the falling object as a direct result of the defendant’s breach.

The plaintiff has the burden of proving that the construction company was actually negligent. Some of the most common defenses have been previously mentioned. Another example of a defense would be that the falling object is sometimes required to be actual construction material which the company controls, before the plaintiff’s injury can be compensated.

Some other examples of defenses include:

• Contributory Negligence: This defense shields the construction company from liability if the plaintiff contributes to their own injury, such as by failing to exercise reasonable care;
• Assumption Of The Risk: This defense states that the injured party was warned of the danger, but took on the danger anyway. These defenses are most viable when there are danger and warning signs posted clearly around the construction zone; and
• Negligence Did Not Cause The Actual Harm: If the plaintiff was injured by something that was not actually caused by the construction company, the plaintiff does not have a claim against the company because they did not contribute to the plaintiff’s injury.

Do I Need A Lawyer For A Construction Injury Accident Lawsuit?

If you were involved in a construction injury accident, you should work with a lawyer. A workplace injury attorney can help you understand your legal rights and options according to your state’s specific personal injury laws, and will also be able to represent you in court as needed.