Construction Automation Failures: Who Holds Liability?

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Construction Automation Failures: Who Holds Liability?

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It’s not news that robots are taking over the world (slowly but surely). But before that, they’ll likely take our jobs. There might be a slight exaggeration in there, but the reality is that people are embracing automation more and more, and that extends to the construction field too.

You have robots laying bricks, drones that survey the landscape, and autonomous vehicles that haul materials. We love them because they work and they don’t ask to get paid, so if you have the chance to get your hands on a robot or two, how could you miss it?

A regular John will ask for a paycheck, health insurance, dental, even paid vacation. Robot John will happily work for nothing. But what happens when robot John malfunctions? A regular John would take a sick day, but the robot… Well, he could cause some expensive problems because who’s to blame when, say, a drone crashes into a worksite?

You can’t hold the drone accountable, and if you’re using automation in any way, it comes with risks and when it goes wrong, you’re looking at possible injuries, missed deadlines, even legal problems.

Let’s see who’s to blame when robots and automation in general fails.

What Is Construction Automation and How It’s Applied

Automation isn’t just robots, although they’re the coolest. Construction automation is the umbrella term for all advanced technologies and machines that are used in construction sites and they do what human workers previously did.

Robotic equipment can lay bricks and tie rebar very precisely, far more than a human could, so not only does it not ask for a paycheck, it makes less mistakes and speeds up projects. Then you have drones that keep an eye on sites, give you real-time feedback and, in doing so, cut down the number of staff you need to have on-ground in areas that are potentially dangerous.

Self-driving vehicles transport materials from one site to the other, so human workers can focus more on the logistics and just tasks that are more complex in general. 3D printing is also used in a lot of construction sites to make components. The benefits to all this technology are crystal clear; you get more accurate results, shorter timelines, and humans don’t need to do as many dangerous tasks. Also, let’s not forget that automation means less paychecks, and although the ethics is murky in that aspect, you can’t argue with the fact that that’s a benefit for the employers.

On the other hand, the benefits of automation should not preclude one from addressing the risks/concerns that come with robots. Breakdowns, failures, errors/bugs/glitches, the inability of a machine to cope with an unexpected occurrence, etc., are all instances that can render

automation not only a nuisance but a really expensive engagement; therefore, you cannot rely on automation too much (yet). Until the technology is perfected (and these things take time), there always needs to be human oversight.

Who’s Responsible When Things Don’t Go as Planned

A machine that was working perfectly until a few moments ago decided to take an unplanned vacation and has caused an accident. What do you do and who do you blame?

Traditionally, meaning when the accident involves human workers, contractors or subcontractors are responsible if they don’t go by safety standards because they’re the ones managing the day-to-day operations and making sure all workers are safe.

But with automation, it’s an entirely different thing and liability is way more complicated. Assuming that a hardware/device error occurs and there is damage, chances are that the responsibility would not only be based on the people who built the machine but also those who wrote the programs, if not all of them already.

In such cases/circumstances, legal liability may include both the doctrines of strict liability and negligence. Strict liability comes into play when it is the contracting company (the one that made the equipment), irrespective of whether or not they can be blamed for the accident, is held liable for the faulty/defected equipment.

On the other hand, negligence is when you don’t handle the machine carefully enough, meaning the machine did their job, but the person didn’t. In this case, the contractors will probably get the blame.

This difference is very important (for legal reasons), because when it comes to automated construction tools, all the above-mentioned issues will happen due to some bug/error in programming, design flaws, or perhaps even unclear user manuals. Who do you blame then? The programmers? If yes, then how?

You don’t really need to know the answer to these types of questions, because there are law firms that specialize in construction accidents. So, the best approach for you would be to contact a construction site accident lawyer who operates in the state (or ideally, city/town) where the accident happened.

Here’s a short breakdown to make this easier to understand.

  • It is the task of the contractors and the site managers to ensure that everything runs smoothly, and they’re there to supervise the use of all equipment on site. If they (the contractors/site manager) fail to perform upkeep or bypass safety measures, they will (likely) be responsible for whatever accident occurs.
  • Equipment manufacturers could be strictly liable if their machine has a defect that causes the accident.
  • Software developers might share some responsibility if programming errors in the software are partly responsible for the equipment malfunctioning.
  • Third-party maintenance providers could be held accountable if improper maintenance causes or contributes to the accident happening because they’re the ones responsible for the upkeep.

Conclusion

The key thing to take away from this? Get a lawyer. Seriously. If an accident happens, you’ll need legal guidance to make sure you get through the process smoothly and possibly with compensation.

Automation is useful, but it will never replace humans because it’s just not adaptable and predictable enough. Use it carefully, keep an eye on it, and don’t overestimate its abilities.

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