Construction Accidents And Personal Injury: Who Can Be Held Responsible?

June 6, 2018
On behalf of The Law Offices of Howard Craig Kornberg Posted in Construction Accident

Without construction workers, our states and cities would never look as we know them today. A construction worker puts his or her health and life on the line to create architecture and infrastructure.

So when construction accidents occur, the importance of establishing the responsible parties and helping the injured construction worker recover damages cannot be overestimated. And that is what we, here at the Law Offices of Howard Craig Kornberg, are committed to doing.

In fact, construction workers are not the only ones who can get injured at construction sites, as ordinary people who are visitors to the property or are walking by the site can sustain injuries, too.

“In order to understand who can be held liable in a construction accident that involves injuries or deaths, it is important to let an experienced lawyer examine all the circumstances in your particular case,” says our Riverside construction accident attorney.

Who is liable for construction accidents?

Generally, multiple parties can be held accountable for construction site accidents. Depending on the circumstances of your particular accident, the following parties can be held liable for causing injuries or fatalities at construction sites in Riverside or elsewhere in California:

  • The injured construction worker himself/herself;
  • Other construction workers;
  • Property owner;
  • Construction company;
  • Construction manager or supervisor;
  • City or government agency;
  • Contractor or subcontractor;
  • Machine manufacturer;
  • Architect; or
  • Engineer.

Areas of law in construction site accidents

Our best construction accident lawyers in Riverside say that construction site accidents usually falls into one of the following areas of law:

  1. Negligence;
  2. Product liability;
  3. Premises liability; or
  4. Vicarious liability of an employee.

Negligence in construction accidents

In the vast majority of all construction site injuries and fatalities, negligence is the main factor. If your experienced construction accident attorney in Riverside or elsewhere in California can prove that the defendant (the party you are suing) owed you a duty of care, was negligent in causing the accident, and that this breach of duty caused your injuries or harm, you may be entitled to recover compensation.

Premises liability in construction accidents

Personal injury claims and lawsuits based on premises liability can be just as common at construction sites. Under California’s premises liability law, the owner or occupier of the property owes a duty of care to other people, licensees, and invitees. In some cases, trespassers may also be entitled to seek compensation in case of an accident at a construction site.

In order to establish premises liability in a construction accident, you must be able to prove that the defendant:

  • Owes, occupies, or controls the property where the accident occurred;
  • Created a dangerous condition or failed to prevent or repair/fix it through proper and regular maintenance and inspection of the property;
  • Caused your injuries or harm as a result of the breach of duty, and the defendant’s negligent, reckless, or wrongful acts or omission to act was a significant factor in causing your injuries and damages.

In some cases, the injured party may be walking into a construction area without knowing it. Under California law, construction areas must have visible and clear warnings or barriers preventing ordinary people from entering a hazardous area.

Vicarious liability of an employee

In many cases, construction accidents are caused by one of the employees of the construction company (construction worker, supervisor, engineer, etc.). While the negligent employee can be held liable for causing the injuries or fatalities, their employer can also be held vicariously liable under California’s Respondeat Superior laws,

Defective products at construction sites

It is also not uncommon for construction workers and ordinary people to get injured due to defective products and faulty equipment. In these cases, the manufacturer, retailers, sellers, designers, and other parties involved in the chain of distribution may be held strictly liable for injuries or harm caused by a defective or faulty product.

Our Riverside construction accident attorney at the Law Offices of Howard Craig Kornberg explains that negligent parties can be held responsible for your injuries based on one of the following factors:

  • Manufacturing defect;
  • Design defect; and
  • Failure to warn.

If you have been injured at a construction site – as an employee, construction worker, ordinary person, or other – do not hesitate to get a free consultation from our skilled personal injury attorneys at the Law Offices of Howard Craig Kornberg. Call 310-997-0904 or complete this contact form for a free case evaluation.


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