Who is Liable When a Crane Tips Over?

Construction site safety should be paramount in a project, especially when cranes are being used. Numerous safety regulations govern the use of cranes, but it can be extremely difficult for victims to determine who should be held liable when a crane tips over and causes injuries.

Our lawyers understand the complex web of responsibility that makes these cases challenging and can help decide how to recover compensation. Workers injured in a crane accident will usually not need to consider liability since Workers’ Compensation will cover them if their employer is ultimately at fault. However, it also bars injured employees from filing a lawsuit. If our team determines that you can sue, liability usually starts at the top with the site owners and project managers. However, they might not be directly responsible for the crane’s placement and operation. Considering the number of parties potentially implicated in a crane tip-over, several could be responsible for your damages.

Call the Law Office of John J. Sheehan at (617) 925-6407 today for a free review of your case with our Massachusetts construction accident attorneys.

Understanding How Liability Works When a Crane Tips Over

Unfortunately, a recent study shows that crane accidents are much more common than one would hope. If a crane tips over on a work site, it can and often does lead to deadly accidents. But who should you hold liable if a collapsing crane injures you? After all, most construction sites have numerous parties overseeing a project’s safety, training, and equipment.

However, determining liability is challenging, as different rules apply depending on the victim. Many accidents involve workers injured while operating the crane, while others involve workers injured working nearby. Worker’s Compensation typically covers employees injured on a construction job, in which case, liability is not at issue. Every state has some form of Workers’ Compensation insurance program to cover most employees injured on the job, which generally does not require the victim to prove liability before recovering benefits. The trade-off is that injured workers do not have the option to sue their employer unless they intentionally caused the crane accident.

Of course, a tipping crane can cause tremendous damage and injuries to people outside of a worksite, such as pedestrians. In these cases, victims can pursue compensation in a lawsuit, where liability will be very much at issue. Our construction accident lawyers in Massachusetts understand how the overlap in responsibility impacts liability when pursuing a legal claim. When we investigate your case, we will determine the reasons why the crane tipped over and trace back through each individual and company that contributed to the accident.

Who Can Be Held Liable if I Am Injured When a Crane Tips Over?

General contractors, subcontractors, and engineers are usually involved with the placement and assembly of cranes. At the same time, operators must ensure the crane is not overloaded so that its weight does not shift the structure. In some cases, the operator does not work for the site owner or general contractor but for a third-party company hired to operate the crane, but each party could still be at fault in some way if one tips over.

Construction Site Owners and Management Companies

In most cases, we will start by assessing the liability of the construction site owner or management company acting on its behalf since they are ultimately responsible for the project. Perhaps they choose a poor location to place the crane or provide substandard materials for its assembly and disassembly. They might fail to adequately train employees on performing these tasks and do not supervise them when they have a duty to do so. Or, the crane tipped over because the owner failed to inspect it for structural defects frequently or ensure the installation was maintaining its integrity.

General Contractors, Architects, and Engineers

However, owners and management companies might not directly oversee safety operations on the site, potentially shielding them from liability. Instead, the general contractor, or even the architects or engineers, might be responsible for the crane accident.

General contractors are typically responsible for the worksite. They hire various subcontractors, including crane companies and operators, and are held to the same responsibilities as owners, like training workers and inspecting the site regularly. If the general contractor approved the site where a faulty installation caused a crane to collapse or failed to catch a defect that they would have upon inspection, they can be held liable.

Architects and engineers on a construction project will also usually play a large role in where a crane is placed on the site and how it should be assembled. If they direct the crane to be assembled on unstable ground or give negligent instructions on riggings and loads, we will name them in your lawsuit.

Companies Operating Cranes

It is common practice for general contractors to hire subcontractors and companies who own and operate their own cranes. While the general contractor is still responsible for the crane’s overall safe use, subcontractors are generally responsible for maintaining it in good working order and training their employees. In a crane collapse accident involving a subcontractor, we will look for evidence that they provided inadequate or no training or failed to make inspections. For instance, if they have maintenance records from a year before your accident but none after that, we will argue that regular maintenance was not performed leading up to your accident.

Crane Designers and Manufacturers

Crane manufacturers and designers can also be held liable if a defective part causes a crane to fall over. If the crane company poorly designed it, the designer should be held liable. Many crane flaws occur during manufacturing, such as when manufacturers deviate from the design to save costs or use cheaper materials. Or, they do not thoroughly test the crane to ensure it will stand as designed. In other cases, we can hold a manufacturer or designer liable for failing to provide explicit warnings regarding crane collapses or incorrect load capacity directions that cause the crane to tip.

Our Massachusetts Construction Accident Lawyers Are Ready to Help You Get Compensation from Those Liable for Your Damages

For a free case analysis with our Boston construction accident lawyers, contact the Law Office of John J. Sheehan at (617) 925-6407.