Construction Law Explained: Under Which Circumstances Can a Third Party Be Held Liable For a Construction Accident?

Construction sites are likely places for accidents that cause injuries, sometimes severe or fatal ones. Even though safety measures are usually taken, sometimes someone is lax in wearing their equipment. Roughhousing or horsing around might cause an accident as well. In some cases, all possible safety measures were taken, but something like a slip-and-fall still takes place despite all precautions. Construction law is complex, and it is not likely that a layperson will be able to understand all of its subtle nuances easily. However, today we will briefly discuss ways that a third party might be held liable for a construction accident.

What Exactly Is A Third Party?

Before we examine the particulars of how a third party might cause a construction accident, let us identify the term “third party.” For the sake of this article, a “third party” is a person or company who is responsible for an accident other than your employer. If you are injured due to negligence because of a third party, whether that negligence was intentional or unintentional, then you will likely be able to bring suit against them.

What Is An Example of How This Happens?

Let’s say that you’re working on a construction site, and you’re using a jackhammer. You’re wearing all of your safety equipment. You’ve been trained in the use of the hammer, and everything is progressing as it should. Suddenly, you feel that the handles of the hammer you are holding are becoming very warm. The next thing you know, your heavy-duty work gloves catch on fire, and you sustain severe burns to your hands.

You Have Cause To Bring Suit

In this scenario, you are not to blame, since you were wearing all of the recommended safety gear. The construction company is not to blame since they are not the ones who made the equipment you were using. When an investigation is conducted, it is determined that the company that made the jackhammer used an inferior grade of rubber for the handles to save money, and they melted through.

The Manufacturer of the Jackhammer is the Third Party

In this situation, the third party was not on site when the incident took place, but they can still be held responsible because they caused the injury. You can apply for worker’s compensation from your company, and they should provide it. But at the same time, you can bring suit against the third party, the maker of the jackhammer, because their shoddy equipment caused you to burn your hands.

This is only one possibility of how a third party might be held liable in a construction accident, but there are many other ways it could happen. If you are uncertain of whether you might be able to bring suit against a third party if you are injured while working construction, contact a knowledgeable lawyer and get their opinion. You shouldn’t have to cover your medical bills if you are not to blame for what transpired. You ought to be able to recover lost income and get some satisfaction for your pain and suffering.

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