A construction injury accident lawsuit is a type of personal injury lawsuit that involves suing the concerned authority for a construction injury accident.
A construction injury accident pertains to injury to the worker or a third party at a construction site. There are various reasons a third person or worker can fall prey to a construction injury accident.
Construction sites are considered risky and should be equipped with all necessary warning boards, regulations, and safety protocols.
Here is more about construction injury accident lawsuits and how an Arkansas personal injury attorney can be of great help in filing a construction site accident lawsuit.
Falling Object Accident
A falling object accident is one of the common reasons for injury accidents at construction sites. A falling object, be it small or big, can cause serious injury to the affected. The authorities’ duty at construction sites is to protect their employees and even the bystanders (3rd party) from such falling object accidents.
The reasons for falling object accident can be:
- Lack of proper distance between the construction zoned area and the pedestrian’s path
- Lack of any warning signs stating the risk of falling objects within the construction site premises
- Negligence in keeping the tools and equipment that are likely to fall secured
How to Prove a Falling Object Accident Before the Court?
A falling object accident also falls under a personal injury lawsuit. A personal injury lawyer will be able to prove your case better before a court. The burden of proof in a falling object case falls on the plaintiff and his lawyer.
A falling object accident at the construction site is usually caused due to negligence on the part of employees and employers. Even if you are a third party or a worker, you can sue the construction company. Here are some of the ways a plaintiff can prove a falling object accident:
- By giving due proof of the injuries caused due to the falling object
- By proving the defendant’s negligence of keeping the construction free from falling object
- Proving the lack of signs and boards to keep a safe distance from the area
- Proving the defendant’s failure to provide reasonable care after the plaintiff was injured
- Proving the monetary and non-monetary damages suffered by the plaintiff due to the accident
- Showing camera footage of falling objects (if any)
Defenses of a Construction Company in a Falling Object Accident
To counteract, the construction company can come up with justifications to prove them not guilty. Here are some of the possible defenses the other party can come up with:
The construction company can develop a contributory negligence defense whereby they claim the plaintiff was partially responsible for the accident and the accident happened due to his own negligence.
Assumption of Risk
This is usually put forward when the accident happens even though proper warning signs were displayed. The defense can use up that the injured party was warned of the danger and still didn’t act upon to take safety measures.
Not Part of the Construction Company
If there is no direct relation of the falling object with the construction company with which the plaintiff is injured, the construction company will defend the charges.
The plaintiff should be able to prove the negligence of the company to claim the charges.
What Is a Safe Construction Site?
The construction company must keep the construction site safe. A good lawyer knows the ins and outs of a secure construction site. Anything below standards can be used in court against the construction company to claim charges.
Moreover, construction sites located in busy areas with pedestrians and bystanders crossing have to be more careful.
- The area should be kept secluded from pedestrians with proper installation of barriers, and railings
- Should have warning signs placed at necessary areas
- All the workers should wear helmets while on the construction site
- The area should have all safety measures
- Using tools boxes and work belts for carrying tools
- Equipment and materials are raised using properly installed elevators and hand lines
- The materials and equipment are applied or stored at safe places with no chances of sliding, rolling, falling, or blown away
- Construction workers should be aware of their surroundings at all times i.e. what is beneath them, and near them
Contact Our Arkansas Construction Accident Lawyers
If you are dealing with a construction site accident, you have all the right to claim compensation by filing a construction injury accident lawsuit. Having a trained and experienced lawyer by your side will make the process easier.