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Bringing a Construction Site Accident Lawsuit in California

Sep 15, 2021 | Accident Claims

Construction site accidents are fairly common. An injured victim may either file an insurance claim with the at-fault party’s insurance carrier and/or a personal injury lawsuit against the at-fault party.

Bringing Claims Based on Negligence

The plaintiff must be able to prove the following elements to establish negligence in a construction accident case:

  • The defendant owed a duty of care to the plaintiff
  • The defendant breached the duty of care through negligence
  • Defendant’s negligent conduct was a substantial factor in causing harm to the plaintiff
  • Plaintiff suffered damages

Premises Liability Construction Lawsuit

In some cases, property owners are liable for the occurred accident on their property. According to CACI 1000 in a premises liability lawsuit, the plaintiff must be able to establish the following elements:

  • The defendant owned, leased, or was in control of the property
  • The defendant was negligent in the maintenance of the property
  • Plaintiff was harmed
  • Defendant’s negligence was a substantial factor in causing injuries to the plaintiff.

California Product Defect Claims

Under California products liability laws, whoever sells designs, or manufactures a defective product is liable for caused injuries. According to CACI 1200, the following types of defects can be involved in product defect claims involve:

  • Design defects
  • Manufacturing defects
  • Inadequate warning of potential safety hazards

A product liability lawyer near you should be able to provide you with additional information.

Who Can Be Held Responsible for Construction Accidents?

There are a handful of parties that can be held responsible for construction accidents, which include:

  • Construction company
  • Construction worker
  • Architect
  • Contractor or subcontractor
  • Engineer
  • Property owner
  • City or government agency

What is Comparative Fault?

Even if the injured person is partially liable for the accident, he can still file a lawsuit against others who were also at fault. According to CACI 405 an injured victim can still recover damages regardless of his percentage of fault, however, the plaintiff’s damages award will be reduced by the proportion of negligence.

Common Causes of Construction Site Accidents:

  • Slip and falls
  • Falling objects
  • Fire explosion
  • Overexertion
  • Structural collapse

Types of Injuries in a California Construction Accident

People injured at construction sites can suffer different types of injuries, including:

  • Neck and back injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones or fractures
  • Contusions
  • Amputations
  • Sprains and strains
  • Cuts and lacerations

Statute of Limitations for Construction Accident Claims

Under California law, a plaintiff must file a lawsuit within a two–year period from the date of sustaining a construction accident injury.

Remedies for Construction Accident Lawsuits in California

In a successful claim, the plaintiff is entitled to compensatory damages, including economic and non-economic damages.

Recoverable Economic Damages in a Construction Accident

Recoverable economic damages in a construction accident include:

  • Medical bills
  • Medication and medical supplies
  • Physical therapy
  • Long-term care
  • Lost future income
  • Lost wages,

Recoverable Non-Economic Damages in a Construction Accident

Recoverable non-economic damages in a construction accident include:

  • Loss of consortium
  • Compensation for loss of a limb
  • Injury to reputation
  • Pain and suffering
  • Emotional distress

In case the defendant’s acted with malice, extreme recklessness, intentional or fraud, or oppression the plaintiff can also be entitled to punitive damages.

Glendale Personal Injury Attorney

If you or a loved one has suffered an injury in a construction accident we invite you to contact our Glendale Personal injury attorney KAASS LAW at 310-933-5171 for a free consultation and case review.