If I Was Injured While Working Construction, Can I Sue the Owner of the Property?
When you become involved in a construction project, becoming injured as the result of an accident may not be the first thing on your mind. However, accidents are inevitable and will always occur for a wide array of reasons. So, as expected, you may have questions about injuries and if a property owner may be responsible if you are injured on their property. Short answer – yes, you may in fact be able to hold the property owner liable. However, it depends upon many things such as the amount of authority that the property owner had over the project and the amount of control they have over the property itself. It is typically true that the property owner has a responsibility to disclose to you any potentially hazardous information like gas lines, unstable surfaces, and more. If the property owner is involved in the construction project every step of the way, they may be held liable because they played an important role.
Homeowners and Liability
One of the most common occurrences is a construction worker and crew being hired to work on the property of a homeowner. Building up a home, sometimes from scratch, can be incredibly time consuming and dangerous depending on the specific conditions involved. This is why, if a homeowner decides to hire a contractor to renovate or build a house, the contracted worker who has become injured will most likely be able to sue for their injuries. This is why it is especially important that homeowners are aware of the fact that they could be sued so they can make sure working conditions are at their best.
Many homeowners will do as little as hiring a construction company for their work and then stepping out of the way to watch it from start to finish. However, interacting with the construction workers and keeping a safe work environment may not be the first thing on their mind. Getting sued may not be the first thing on their mind, either. This is why it is important that homeowners become aware of the fact that they, too, have duties. A contracted construction worker has a duty to finish the work without messing up and a homeowner has a duty to provide a reasonably safe place to work. This is why a homeowner must warn about defects in the property. Imagine somebody getting hired to paint a house but, as they are working, part of the porch collapses due to bad foundation. A reasonable property owner would have had this issue checked out and addressed; therefore, they can be held liable for the injuries.
A homeowner staying deeply involved in the process may be more likely to become sued and lose in the end. This is due to the fact that they worked closely with the construction workers day-to-day and even somewhat played a part in their actions. They would have had more of a chance to point out any defects and safety issues but failed to do so. For instance, a homeowner may comment on the fact that workers should use fall protection because of the long fall down from a roof. However, this means that the owner may also be accepting responsibility for excusing the workers when they do not wear their equipment and one ends up injured as a result.
Construction law can be entirely complex and this is why it is good to have experience on your side throughout the process. There are many state-specific rules regarding liability with these types of accidents. Call Maggiano, DiGirolamo & Lizzi today for more information on your case. Don’t wait another second to gain your rightful compensation!