Law

How a Construction Company Can Defend Themselves in a Construction Injury Accident Lawsuit

A lawsuit filed over an injury in a construction site accident is a form of personal injury litigation, in which an injured party sues the responsible party for causing the accident.

An injury that occurs on a construction accident can affect someone working at the site or a third party who is injured on the job. The injury could occur for a variety of reasons.

Due to the dangers and risks to everyone who steps foot on a construction site, clear warning signs and rules should be put into place, as well as outlined safety practices to follow.

Construction injury accident lawsuits are never easy, especially in a state like New Jersey. However, a construction accident lawyer in Jersey City or a construction accident lawyer in Cherry Hill, New Jersey may be able to assist you in filing a lawsuit to recover both new and future losses that an injury has cost you.

Read more about construction accident lawsuits below.

Accident via a Falling Object

One of the most frequent causes of injury incidents on construction sites is from a falling object. When someone is struck by a falling item, whether it be small debris or a large piece of equipment, it can cause serious injury. On a job site, it is the construction company’s responsibility to safeguard its personnel, as well as any third parties.

Accidents caused by falling objects may occur for a variety of causes, including:

– There isn’t enough space between the construction zone and the pedestrian walkway.

– There are no signs indicating the danger of falling items on the job site.

– Negligence in properly securing tools and equipment that are prone to falling. 

What’s the Best Way to Prove an Accident is From a Falling Object?

A personal injury suit can also be filed for an accident stemming from a falling item. In a personal injury case, it is best to hire an attorney who specializes in personal injury, as they will be able to effectively prove your case in court. In a falling object case, the injured party and their attorney carry the burden of proving the case.

The most common cause of an accident involving a falling item on a construction site is employee and employer carelessness. Third parties also reserve the right to sue the construction company in these types of cases.

A plaintiff may establish a falling item accident in a variety of ways, including:

– By providing enough evidence of the injuries sustained as a result of the falling item

– By demonstrating the defendant’s failure to maintain the structure free of falling objects, the plaintiff may win the case.

– By demonstrating the absence of warning signs and boards directing people to stay a safe distance from the area

– By demonstrating the defendant’s inability to offer appropriate care after a plaintiff’s injury

– By proving the plaintiff’s monetary and non-monetary losses as a result of the accident

–  Video proof of falling things is shown

Defenses a Construction Company Can Establish in the Case of a Falling Object Accident

To prove they are not at fault, a construction company can offer arguments to show that they are not responsible. Here are some counter-arguments a company can establish:

Contributory Negligence

A construction company may use the defense known as contributory negligence, arguing that the plaintiff was to blame, in part, for the accident as a result of their own carelessness.

Assumption of Risk

If an accident occurs despite having sufficient warning signs in place, this is a defense that is generally brought forth. In this case, the defense might argue that the injured person was advised of the risk but did nothing to protect themselves.

Not Related to the Construction Company

The company will defend themselves against accusations, arguing that they and the falling item are not related, where the plaintiff was hurt.

To be able to claim these charges, the plaintiff must be able to demonstrate the company’s carelessness.

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