Working in construction comes with its own safety risks and hazards. Because of all the active work going on at any given time, the odds are very high that someone will mishandle a tool or equipment will fail. And because a construction site is a work in progress, building safety mechanisms may still be under construction. Some examples of construction site liability include the following:
- Missing warning signs
- Missing or unstable steps
- Open holes
- Slippery surfaces
- Tools and equipment obstructing the path of the way
- Falling objects
Risk transfer is a risk management strategy that transfers liability from one party to another. In the case of a construction site injury lawsuit, the company or its insurance carrier may enable risk transfer as a defense and offense. This means that any indemnity or insurance obligations will not have to be paid out by the company or its insurance carrier but instead by another party or its insurance carrier to cover the risk.
Worker’s Compensation Subrogation
Although worker’s compensation is a legal remedy for employees, a worker’s compensation subrogation is possible. In subrogation, it ensures that the employers and insurers may still recover the cost they have paid for the claimant of worker’s compensation if the claimant’s recovery in another third-party (tortfeasor) legal action is successful.
Not all accidents that happen during construction should be pointed to companies. Sometimes, it’s the worker’s or another party’s fault. With Marc Trachtman Law, we can help you establish a strong defense against construction liability.
As your construction liability lawyer, we can also help represent you at the negotiation table to ensure you are in the best situation. Consult with our construction liability lawyer at the earliest possible time to get the legal process started.
A construction defect is a defect in the design, the workmanship, and/or in the materials or systems used on a project that results in a failure of a component part of a building or structure and causes damage to person or property. Any general contractor, subcontractor, vendor, manufacturer, distributor, supplier can find themselves involved and needing an attorney to defend a construction defect case. Our attorneys have significant experience representing owners, developers, general contractors, subcontractors, construction managers, suppliers and manufacturers in claims arising out of construction defects. We defend all construction defect claims ranging from single family homes and remodels to apartment buildings and condominiums to commercial buildings.