Hit by a Falling Object at a Construction Site? Who Is Responsible for Your Injuries
One of the most dangerous areas in a city is a construction site. These areas pose serious safety risks to individuals as tools, debris, scaffolding components, or building materials can fall without any warning, causing severe injury and harm. These damages can cause concussions, traumatic brain injuries, spinal damage, fractures, or internal injuries. Understanding the safety measures to take and who is to be held liable for the injuries caused is essential to decreasing the chance of additional harm.
Why Falling Object Accidents Happen
Falling object incidents are commonly called “struck-by” accidents and commonly occur when safety protections are missing, inadequate, or ignored.
Common causes include the following:
- Tools left unsecured on scaffolding or ladders
- Materials stacked improperly on elevated surfaces
- Lack of debris netting or protective canopies
- Crane rigging failures
- Inadequate warning barriers around active work areas
- Workers dropping materials from upper floors
- Wind is dislodging loose construction debris
Construction projects often involve various contractors working at the same time. To decrease and prevent the risks of hazards, safety enforcement and strategic coordination should be set to ensure all parties are on the same page. These incidents also affect pedestrians who are walking past a construction site or visitors entering a property.
Immediate Steps After a Falling Object Injury
Individuals suffering from injuries after being struck by a falling object should seek immediate medical attention. If possible:
- Seek medical attention immediately, even if symptoms seem mild
- Report the incident to the site supervisor, property owner, or building manager
- Take photos of the scene, equipment, and surrounding area
- Obtain names of witnesses
- Preserve clothing, helmet, or personal items damaged in the incident
Who May Be Responsible?
Determining liability can become a challenging aspect of a construction injury case. The following may be held liable:
1. Property Owners
A property owner may be responsible if they:
- Failed to require safety barriers
- Allowed unsafe conditions to continue
- Ignored known hazards
- Did not properly supervise contractors
2. General Contractors
A general contractor may be responsible if they:
- Did not enforce safety rules
- Failed to inspect scaffolding or overhead work areas
- Allowed unsafe stacking or lifting practices
- Failed to provide protective coverings for walkways
3. Subcontractors
Subcontractors may be responsible for the following:
- Dropped tools from scaffolding
- Improperly rigged loads
- Debris thrown from upper floors
- Unsecured equipment on elevated platforms
4. Equipment Manufacturers
Possible product-related issues include the following:
- Crane malfunctions
- Defective harnesses
- Broken scaffolding components
- Faulty hoists or lifting devices
Workers vs. Non-Workers: Why It Matters
When pursuing a claim, the difference relies on whether the individual suffering injuries was employed at the site. Employees such as construction workers are covered by workers’ compensation insurance, which may provide them with medical care. A worker may also be permitted to have a claim against a contracter, property owner, or equipment manufacturer. On the contrary, pedestrians or other non-workers are not limited to workers’ compensation. They may pursue a personal injury claim if negligence played a role in the accident and contributed to their injuries. In addition, when suffering injuries from falling objects, it is crucial to become aware of the severity of injuries caused to receive the proper care and support needed to recover.
How Responsibility Is Investigated
Determining liability usually requires a detailed investigation. Accountability may also be shared amongst multiple parties. Evidence to determine who is to be held responsible for an accident may include the following:
- OSHA or safety inspection reports
- Site safety plans
- Contractor agreements
- Surveillance footage
- Witness statements
- Training records
- Incident reports
- Equipment maintenance logs
Possible Damages Considered
Individuals suffering injuries from falling objects can pursue a claim. However, compensation may be different depending on the severity of the injuries and who was held liable for the damage. Every case is different, but individuals may seek recovery for losses such as:
- Medical expenses
- Future treatment needs
- Lost income
- Reduced earning capacity
- Rehabilitation costs
- Pain and discomfort
How an Attorney Can Help
Seeking the proper legal guidance can help individuals suffering injuries from falling objects to understand their rights and discuss their options. Construction injuries can become complicated, and a legal professional can help individuals better understand the steps to take moving forward. An attorney may be able to evaluate the following:
- Who is to be held liable
- What insurance policies apply
- What deadlines may affect the claim
- What documentation is important
How KAASS LAW Can Help
At KAASS LAW, we understand the challenges individuals face when dealing with injuries from falling objects at construction sites. Our experienced personal injury attorneys will help evaluate your case and allow you to focus on recovering. If you or a loved one has suffered injuries from falling objects at construction sites, you are not alone. Call KAASS LAW today to discuss your options.