Construction sites are inherently dangerous environments, where the risk of injury is a constant concern for workers and visitors alike. While workers’ compensation is typically the primary remedy for injured employees, certain circumstances can trigger a separate legal claim known as premises liability. This area of law holds property owners and occupiers responsible for construction injuries due to unsafe/hazardous conditions on their land. Understanding the distinction between these legal pathways is crucial for anyone who has suffered harm on a construction site.
Typically, premises liability’s applicability hinges on the injured individual’s legal status and the specific facts surrounding the incident. Unlike workers’ comp, a no-fault system, a premises liability claim requires establishing negligence. This involves proving that the responsible party knew or should have known about a dangerous condition and failed to take appropriate action to rectify it or provide adequate warning.
Read on to learn when a construction site injury can trigger premises liability.
The Legal Status of the Injured Party
A pivotal factor in determining if a premises liability claim is viable is the classification of the injured person under the law. The duty of care a property owner owes can vary significantly depending on the following:
- Invitees: This category includes individuals who are on the property for a mutual business benefit. Common examples on a construction site are delivery personnel, subcontractors from other companies, inspectors, or visitors touring the site. Property owners owe invitees the highest duty of care. They must warn of known dangers and conduct reasonable inspections to uncover any latent or potential hazards.
- Licensees: A licensee enters the property for their own purposes with the owner’s permission but without a business purpose. An example might be a family member visiting an individual worker to bring them lunch. The owner’s duty is to warn licensees of dangerous conditions that are known but not readily obvious.
- Trespassers: Those who enter the property without any legal right to do so are trespassers. The duty owed to them is minimal, generally just to refrain from willful or wanton conduct that causes harm. However, the “attractive nuisance” doctrine may impose a higher duty of care if a trespassing child is injured by something on the property that would naturally attract them, such as excavated pits or heavy machinery.
However, for those navigating the aftermath of an accident, consulting with a specialized attorney specializing in Bowling Green Personal Injury can provide essential guidance since they’re well-versed in the complexities of these cases, especially on the legal status of the injured party.
When a Property Owner May Be Liable
Even on an active construction site, a property owner or general contractor can be held liable under premises liability if their negligence directly contributed to an injury. Some key scenarios include:
Failure to Maintain Safe Conditions
The owner or general contractor has a non-delegable duty to maintain the premises in a reasonably safe condition. This includes ensuring common areas are free of hazards like uncontrolled debris, unmarked elevation changes, or poorly secured materials that could fall.
Inadequate Security
If a crime occurs on a construction site, such as assault or theft resulting in injury, the owner could be liable if it’s shown that they provided insufficient security despite being aware of a high crime rate in the area.
Failure to Warn
Concealed hazards, or those that aren’t obvious to a visitor, must be clearly marked or addressed. This could involve failing to warn of a chemical spill, a fragile surface, or overhead work that creates falling debris.
Negligent Selection of Contractors
If a property owner hires an obviously incompetent or unqualified contractor whose poor work creates a dangerous condition that injures someone, the owner may share liability.
The Distinction from Workers’ Compensation
For employees of a contractor or subcontractor, workers’ compensation is typically the exclusive remedy against their direct employer. This system can provide benefits for medical costs or expenses and a portion of lost wages regardless of fault. However, a premises liability claim remains a potential option against third parties, such as the property owner or the general contractor, if their negligence contributed. This is because these entities aren’t the injured worker’s direct employer.
In such cases, an injured worker could potentially receive workers’ compensation claims benefits while pursuing a separate premises liability claim with the help of construction accident lawyers against the negligent third party.
Proving Negligence in a Construction Site Case
To succeed in a premises liability claim with the assistance of a personal injury attorney, the injured party must prove four essential elements, such as duty, breach, causation, and damages. They must demonstrate that the property owner owed them a duty of care, that the owner breached that duty by allowing an unsafe condition to exist or by failing to act, that this breach directly caused the accident and subsequent injuries, and that these severe injuries resulted in quantifiable damages such as medical bills, pain and suffering, and lost earning capacity.
Conclusion
A construction site injury can trigger premises liability when a property owner’s negligence in maintaining a safe environment causes harm to a non-employee or an employee of another company. The legal status of the visitor and the specific facts of the hazard are critical. By keeping the information mentioned above in mind, injured parties can navigate these complex claims, which require a thorough investigation and legal expertise to protect their rights.
