Liability Law
CONSTRUCTION and WORKPLACE ACCIDENTS
Safety on the jobsite is essential in preventing accidents. Sadly, each year thousands of workers are injured and killed because of carelessness and the failure to follow safety rules and regulations such as the Industrial Code and OSHA. When an accident occurs responsibility may rest with the owners, contractors, sub-contractors, architects and equipment manufacturers. These parties are responsible for providing a reasonably safe jobsite.
Workers' Compensation may be available to the injured worker to provide payment for a percentage of the worker's lost income and medical expenses related to the injury sustained on the job. However, Workers' Compensation benefits are limited and may be insufficient for a seriously injured worker with a long term injury or disability.
A thorough investigation of a workplace accident is important in order to determine if there are third parties responsible for the accident. For example, the manufacturers of unsafe equipment such as scaffolds, power tools, hoists, lifts, cranes and back hoes can be liable when their products malfunction. Laws may also impose liability on owners and contractors when an accident occurs.
A person does not have to be employed at the jobsite in order to bring a claim against a responsible party. For example, pedestrians injured walking next to a constructions site, those who are lawfully present at a site and those visiting a site may be covered under the law.
There are many laws regarding the workplace and the rights of a person injured in a workplace accident. Often responsible parties may not be obvious and an investigation will be required. If you have been injured in a construction or workplace accident it is best to consult an attorney as soon as possible.
CONSTRUCTION ACCIDENT LINKS
Occupational Safety & Health Administration
http://www.osha-slc.gov
OSHA Technical Links Pages
http://www.osha-slc.gov/doc/topics.html
AFL-CIO Safety and Health on the Job
http://www.aflcio.org/safety
The Center to Protect Workers' Rights
http://www.cpwr.com
Construction Safety Council
http://www.buildsafe.org
National Institute for Occupational Safety and Health
http://www.cdc.gov/niosh/homepage.html
National Institute for Occupational Safety and Health: Construction Topics
http://www.cdc.gov/niosh/cntopics.html
PREMISES LIABILITY
When a person is injured on another’s property or premises because of negligence, he or she may have a claim for personal injuries. A premises liability case may include a fall down a staircase because of broken steps or poor lighting, or a fall because of a slippery substance on the floor. The premises involved can be a commercial building, a supermarket, an apartment house or a private house.
Other types of premises liability accidents can involve defective or malfunctioning elevators such as when an elevator does not stop level with the floor or drops suddenly. Defective escalators can also cause accidents.
Premises owners and landlords have a responsibility to provide reasonable security to those on their property. When a serious crime occurs on the premises such as an attack, rape or murder, a property owner may be responsible if the crime could have been prevented by better security.
Premises owners may also be liable for dog-bites and attacks on those on their premises. Dog owners whose dogs have shown aggression in the past may be liable when their dogs attack and injure another person.
MUNICIPAL LIABILITY
Municipal Liability cases are those against the state, county, city or town. These claims often have special laws and regulations that affect the rights of the plaintiff and even in what court a claim must be brought. Liability of a municipality can occur in many different situations.
One very important law affecting the responsibility of municipalities concerns the short time period for bringing a claim, much shorter than for claims involving other defendants. Generally, a municipality must be given written notice of a claim within 90 days of its occurrence. In addition, a lawsuit against a municipality must be commenced within one year and ninety days of the occurrence.
Perhaps the most frequent type of claim against a municipality involves a sidewalk defect such as a crack, hole, broken and uneven concrete or missing concrete. Generally, the municipality must have prior notice of the defect before it can be held liable.
Municipal liability also involves other areas in which the municipality is providing services such as transportation, for example, bus and subway accidents. Premises liability cases can be brought where the municipality, such as a housing authority, owns or manages the property. When the municipality operates a school it may be responsible for accidents and incidents involving school children, teachers or other people at the school.
Cases against the police department for police brutality, excessive force or civil rights violations are also municipal liability cases. These cases may involve the mistreatment of suspects under police custody and the unjustified use of deadly force. The shorter time periods for bringing a claim also apply in these cases.
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