How to Present a Construction Premises Liability Case in Court in MA

A premises liability case often involves injuries sustained because of hazardous conditions on someone’s property. In many cases, premises liability injuries arise on construction sites.

Some common examples of premises liability injuries occurring on construction sites include falls and injuries from various hazards around the site. For example, exposed blades or sharp tolls might cause an injury if they are negligently left lying around. To prove liability in such a case, you must show that you were lawfully present on the construction site and that the hazards should have been repaired or removed. Evidence may include photos from the accident scene, witness testimony, and information about construction industry safety standards. When arguing for damage, you must establish the existence of losses or injuries and evidence to support your calculations for compensation.

While construction sites have some inherent safety risks, the people in charge of these sites have a duty to keep them as safe as possible. If you were injured while visiting or working on a construction project, our Massachusetts construction accident lawyers can help you. For a free case review, call the Law Office of John J. Sheehan at (617) 925-6407.

Examples of Construction Premises Liability Cases in Massachusetts

Premises liability cases are civil lawsuits where the plaintiffs claim to have been injured because of hazards or unsafe conditions on the defendant’s property. The defendant is often not directly involved in the accident but might be liable simply because they own or are otherwise in charge of the property. Many premises liability accidents happen on construction sites. Part of this might be that construction sites are inherently unsafe, but that does not mean they are not bound by certain safety codes.

Falls are common premises liability accidents on construction sites. People often fall because ladders or scaffolding are not properly assembled or on uneven ground. Someone might also fall into a deep hole, such as when the foundation of a building is being excavated. Falls can be incredibly dangerous, and people often suffer very severe injuries.

Construction sites must abide by specific safety codes. Among these codes and regulations are rules regarding how tools and machinery are used and stored. When dangerous equipment is not being used, it must be safely stored away. If they are negligently left lying around, someone might be injured.

How to Prove Liability for a Construction Premises Liability Accident in Massachusetts

Premises liability cases are somewhat different than more typical personal injury cases because the defendant did not injure you themselves. Instead, your injuries stem from the unsafe conditions of the defendant’s property. As such, proving your claims requires we assess somewhat different legal elements in your case. Our Massachusetts construction accident attorneys can help you get your case started.

The first issue you should settle is whether you were on the premises lawfully. Property owners have a duty of care to make the premises safe for certain invited and sometimes uninvited guests. Trespassers are owed so such duty of safety. This means you must show that you were invited to the defendant’s property or you should have been reasonably expected.

For example, suppose you are invited to the construction site because you are interviewing for a job as a construction worker. In that case, the person or people in charge of the construction site owe you a duty of care and safety because you are an invited guest. Alternatively, you might be a safety inspector making a surprise inspection that the defendant should have been prepared for. The defendant should be held liable if you are injured under these or similar circumstances.

When presenting your case, we also must show that the cause of your injuries is attributable to the property’s unsafe conditions. This is sometimes difficult in cases of construction premises liability because construction sites are not meant to be perfectly safe. However, the defendant is responsible for checking for and handling known and unknown hazards. On a construction site, hazards might include conditions that do not meet safety standards imposed by state law, local ordinances, or industry regulations.

Presenting Evidence of a Construction Premises Liability Accident in Massachusetts

Construction premises liability cases are presented through evidence and arguments. The evidence you need to present will vary based on how the accident happened and the damages you claim. Our Massachusetts construction accident lawyers can help you obtain the evidence needed for your case.

After an accident on a construction site, you should take as many photos as possible. Often, defendants will try to clean up the accident after the injured person leaves to get medical treatment. While cleaning up the mess and repairing or removing the hazards is important, it also eliminates evidence. Photos help us preserve details so we can present them to a jury.

Additional evidence might include testimony from witnesses at the construction site. People who saw the accident happen can provide testimony about what happened. Also, construction workers who are more familiar with the ins and outs of the construction site and industry can testify about the unsafe conditions, how long they have been unsafe, and whether any safety measures were taken.

Arguing for Damages in a Construction Premises Liability Lawsuit in Massachusetts

The purpose of presenting evidence is to convince a jury that you should be awarded compensation for your injuries and damages. When presenting a construction premises liability case, we must establish the damages you are claiming and why we believe they are worth so much. Our Massachusetts construction accident attorneys can help you advocate for the compensation you deserve.

Damages may be economic and non-economic. Economic damages are related to monetary losses from the accident, such as medical bills or lost income. Non-economic damages are based on personal experiences, like pain and suffering, and are somewhat harder to evaluate.

When presenting your case, we need to establish the existence of your damages so the jury and court know they are real. For economic damages, this can be accomplished by showing bills, receipts, and other records. Medical bills can be established using medical records.

Non-economic damages are trickier. Juries often award economic damages based on what they believe they are worth, not what we believe they are worth. To prove your non-economic damages are valuable, we need to convince the jury that you suffered greatly because of the accident.

Certain non-economic damages are self-explanatory. For example, a jury likely knows you experienced physical pain if your bodily injuries were severe. However, we need to prove the extent of these damages. Moreover, we may need proof of other more difficult to understand non-economic damages. For example, if you experienced great humiliation in the accident, we need to explain what happened, how it felt, and how you were affected.

Call our Massachusetts Construction Accident Attorneys for Help

Construction premises liability accidents often leave victims with terrible injuries and lasting pain. Our Massachusetts construction accident lawyers can help you fight for justice and compensation. For a free case review, call the Law Office of John J. Sheehan at (617) 925-6407.