Because of the hazardous environment, construction sites are high-risk zones. Workers must wear helmets and construction boots and take additional precautions to stay safe and prevent accidents. When accidents occur, someone must take legal responsibility for them. The process can be long and tedious, but we will break it down in this article.
Who Is Liable in Construction Site Accidents?
For example, if a car accident happens at a construction site in Dayton, the first thing you will do is contact a lawyer. The car accident lawyer, Dayton, will inform you who is involved and possibly liable for the accident. Usually, the site owner is the primary person responsible for ensuring safety on the construction site.
In most cases, contractors hire subcontractors for specific tasks on the construction site. These subcontractors also need to ensure safety, and site owners take on the most responsibility for these construction sites. Still, there is also a chance that drivers are liable if the accident is due to their negligence. The lawyer will examine the case thoroughly to determine legal liability considering the following variables:
Breach of Duty
The breach of duty lies with the site owners, contractors, and subcontractors. They must do everything possible to ensure the construction site is up to standard and safe. If the lawyers find out these parties violated the breach of duty, they may be liable. For example, a contractor can be liable if an accident occurs because they used low-quality materials.
Negligence
The first variable to consider when establishing liability on a construction site is negligence. Every party on the construction site is expected to take extra precautions during work. If someone doesn’t take the necessary precautions and their carelessness leads to an accident, they can be liable.
Causation
The lawyer will also want to establish liability by determining causation. They must prove that whoever is responsible for the accident must have done something to cause harm or destruction of property. Site owners must employ safety management protocols to minimize risk.
Types Of Liability For Car Accidents In Construction Sites
Here are a few types of liability you can sue for at a construction site:
Vicarious Liability
This type of liability holds an employer responsible for the actions of their employees. For example, a contractor or site owner can be accountable for the actions of construction workers.
Premises Liability
As the name implies, this liability is carried by the owner of the premises. It is usually applied when an accident on the construction site occurs because of hazards in the environment that aren’t properly handled.
Comparative Liability
In this case, multiple parties are responsible for the accident based on the degree of fault. It may apply when the accident occurs due to the negligence of multiple parties.
Conclusion
Legal liability on construction sites is a sensitive topic that can lead to a lot of unplanned expenses that may halt construction. This is why site owners, contractors, and subcontractors are encouraged to take out insurance policies before working on any site.
