A property owner has a duty to maintain their property in a reasonable manner. For example, if the owner was engaged in having construction done that created an unsafe or hazardous condition, they may be negligent and may have some legal responsibility for the injury. To learn more about the unique aspects of Boston construction accident premises liability cases, reach out to an experienced attorney today.
Unique Aspects of a Construction Accident Premises Liability Case
One thing that makes a construction accident premises liability case unique is the number of potential companies that could be involved and have legal responsibility for the unsafe or hazardous condition that caused the accident. A plaintiff would first try to identify the general contractor.
According to OSHA regulations, the general contractor has a non-delegatable duty for the health and safety of workers and the general public as a result of the work activities performed at the construction site. When they fail to complete this duty, they may be held liable for their negligence.
Subcontractors may also be held liable for an action they performed or failed to perform, creating an unsafe or hazardous condition. A victim may even have a legal claim against a subcontractor or many subcontractors that play the role in creating a hazardous condition, in addition to the general contractor.
Determining Fault in a Premises Liability Case
In a premises liability case, fault is established by determining whether the property owner had any knowledge of a dangerous and defective condition. In addition, it may be required to prove that the owner should have known and discovered the existence of a hazardous condition and taken appropriate measures by putting up some type of a warning or having cleaned up or removed the hazard before an accident took place. It is important for a plaintiff to show that the location was such that, with exercised due care, the owner should have been able to see it and able to take corrective action.
Influence of a Doctor’s Opinion on a Construction Liability Case
A doctor’s opinion would influence a construction worker’s construction-premises liability case to the extent the doctor can relate and connect the worker’s injury to the construction accident. In addition, a doctor’s opinion may be able to distinguish between pre-existing or degenerative conditions and accident injuries. The worker’s condition may have been present prior to the construction accident, but was not a medically active condition, they may still be able to obtain compensation.
Importance of Contacting an Attorney
Learn more about the unique aspects of Boston construction accident premises liability cases by getting in touch with an attorney. By speaking with a lawyer, you may be able to fully understand the claims process as well as any hindrances which could delay your claim. In addition, a lawyer could provide you with thoughtful advice throughout the claims process to ensure you obtain a favorable outcome. To get started, contact an attorney today.