Whether on a small project for an individual homeowner, or for a major commercial development, on a daily basis construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. As a result, serious work-related injuries at construction sites occur with an unfortunate frequency. Regulations, specifications, inspection requirements, and job safety programs all seek to prevent construction site accidents and promote safety awareness on the part of all parties involved in a construction project. But despite these important efforts to deal with the challenge of construction site safety, accidents occur and will undoubtedly continue to occur, due to both the nature of the work itself and the variety of hazards faced by construction workers. These hazards can include falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unreasonably unsafe equipment, and lifting and repetitive motion injuries.

If you or a loved one have been injured as a result of a construction accident, the first step in your legal recovery is to meet with a skilled attorney to discuss the situation. Issues in your potential case, including compliance with occupational and site safety standards and regulations, engineering issues, and liability and indemnity determinations, all require that your claim be handled by an attorney who is experienced in the area of construction accident liability.

Who May Be Liable For A Construction Site Injury?

Depending on the size and sophistication of the construction project, there can be a wide variety of individuals involved at a construction site, including the site's landowner, design and engineering professionals, contractors (including general, "prime," and "sub"-contractors), construction managers, and equipment and material suppliers. While many construction projects are based on general contract relationships (where a general contractor retained by the site owner enters into agreements with sub-contractors as needs require), larger projects are increasingly being handled by "construction management" organizations.

The type of system in place at a construction site where an injury occurs will be an important consideration in assessing the potential liability of the various individuals involved in the project, especially as to the site owner's liability. Larger construction projects typically involve a great deal of delegation of both work and legal responsibility: from site owner to general contractor; general contractor to "prime" or "sub"-contractor; and in some cases, "prime" contractor to "sub"-contractor. Speaking generally, in assessing liability for injuries at a construction site, the main determinations are the extent of a potential party's control over the premises on which the work is being done, and the degree of their control over the work itself.

To determine who may be liable for injuries resulting from a construction accident, it will help to take a close look at the duties and legal responsibilities of individuals involved in the construction project:

Construction Site Owner

Depending on the amount of control of the premises that he or she gives over to an independent contractor, the landowner may not be considered the legal possessor of the land for the duration of the construction project. Issues of landowner liability will also turn on the degree of his or her control over the premises, as compared to control over the work itself. With this in mind, the owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals (called business "invitees") involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This duty does not extend to potentially dangerous conditions that should be obvious to the invitees, and the duty can be eliminated (or the owner's liability lessened) depending on the independent contractor's knowledge and corresponding duties.

General Contractors and "Sub"-Contractors

Both the general and sub-contractor must provide to workers a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site (as well as any hazards inherent in the work being performed). Typically, a general or sub-contractor will have a duty to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This duty extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations. 

"Prime" Contractors

Prime contractors share similarities with both general and sub-contractors, depending on the specific construction project at issue. While a general contractor has responsibility for the entire project, a prime contractor is responsible only for the work that is identified in his or her prime contract. A prime contractor is also responsible for any work that he or she chooses to delegate to sub-contractors, and has exclusive responsibility over those sub-contractors (including as to payment and work quality).