Liability for Falling Debris
Construction sites are very common nowadays, especially in large cities. These sites can be a common place for falling debri and other dangers. If you are injured by falling debri from a construction site, you may be entitled to compensation. In such cases, construction companies are typically at fault, and can be sued for the injury or death caused by unsafe conditions at their site.
Construction companies are responsible for securing construction sites and providing proper maintenance of the area. They must follow guidelines to ensure the safety of all parties on the premises. Failure to do so may result in accidents with the potential to cause harm. There are a number of ways in which negligence or unsafe conditions can lead to falling debri, and thus, a death or injury. These include:
- Lack of Signage
- Improper barricades
- Failure to Inspect Equipment and Site
- Failure to Secure Equipment
- Failure to Provide Other Safety Measures
Personal Injury Case
Pedestrians or other persons injured by falling debri from a construction site can file a personal injury lawsuit that will hold the company at fault accountable. In order to file a personal injury lawsuit successfully, three elements must be proven:
- Duty of Safety: Someone is always responsible for the safety of a construction site, so you must be able to identify who had the duty of maintaining safety, and what constitutes as being a safe construction site.
- Breach of Duty: If a construction company has failed to keep a site safe in accordance to their duty of safety standard, then they have breached this duty. Failing to prevent the entrance of pedestrians in an unsafe zone by means of caution signs and tape can be considered a breach of duty. To file a successful lawsuit, you must prove the breach of duty that resulted in an injury.
- Damage Caused By the Breach of Duty: In a personal injury case, it is vital that you prove that negligence that resulted in falling debri that caused your injury. Damages that may require compensation include medical expenses, lost wages, pain and suffering and loss in quality of life.
If you find yourself the victim of falling debri from a construction site, you should consult with a personal injury attorney. They can help you determine the best course of action in your case and provide important legal counsel. If legal action is necessary, a skilled attorney can help you navigate the case to ensure that you receive your entitled compensation such as the personal injury lawyer Las Vegas, NV residents trust.
Thanks to authors at Nadia Von Magdenko & Associates for their insight into Personal Injury law.