Key takeaways:
- Maintenance negligence on construction sites can arise from failing to meet proper standards or from failing to follow procedures.
- Falls, burns, and chemical exposure are types of construction site accidents linked to poor maintenance.
- Contractors, sub-contractors, property owners, and equipment manufacturers all might be liable in a Florida construction accident case.
Unsafe construction site conditions can have devastating results. In a moment, a routine workday can turn into a life-altering injury because of a defective construction equipment accident. It’s an unfortunate reality that many injuries from the negligent maintenance of construction equipment could have been prevented.
General contractors at a construction job site must have proper maintenance procedures to protect workers and site visitors. Sites must comply with all maintenance and safety codes. But sometimes, contractors fail in their responsibilities. We often see cases involving working families whose lives have been changed forever, and they don’t know what to do next.
When poor maintenance leads to injury or death, workers and families can take legal action. A Florida workplace injury lawyer like those at our firm can help them do it.
What Is Maintenance Negligence on a Construction Site?
Negligence is a legal term. It means failing to take proper care to prevent harm to another person. Just because someone gets hurt doesn’t mean there was negligence. The basic legal test for negligence requires several elements:
- The defendant had a duty of care to the plaintiff
- The defendant failed to meet that duty
- The failure to meet the duty led to harm to the plaintiff
This means that if a construction site supervisor follows proper maintenance procedures, they might not be negligent, even if someone gets hurt. An investigation by a Florida construction accident attorney into the details of what happened can help determine whether negligence occurred and, if so, who was at fault.
Here are some common examples of possible construction site maintenance negligence:
- Neglected safety checks: Failure to follow regular safety checks can lead to a dangerous situation. One example is delaying routine checks of scaffolding for stability during a project, only to have a team member suffer an injury from a scaffolding collapse.
- Failing to repair known hazards: Maintenance checks give crews the chance to fix broken or faulty equipment before an accident happens. Sometimes, construction site managers don’t follow through with repairs of known safety violations. When the result is a construction site accident, there might be negligence.
- Poorly maintained tools or equipment: Maintaining construction sites in compliance with Occupational Safety and Health Administration (OSHA) standards requires robust maintenance. It’s not enough to give an aging piece of equipment a quick paint job and call it a day. Maintenance means making sure every tool is in good working order to reduce the risk of worker injury.
Common Types of Construction Injury Lawsuits and Claims
If negligence does happen, there are different ways to take legal action. A construction site injury lawyer in Florida can walk you through the options. In our practice, we see these types of claims:
- Personal injury: Personal injury lawsuits accuse a third party of negligence that led to someone’s injury. Cases involving a personal injury lawsuit depend on the victim or their attorney proving third-party negligence.
- Product liability: This type of claim arises when a piece of equipment is faulty, not due to poor maintenance but to poor manufacturing or design. Imagine a construction worker putting on a full-body harness for safety. The harness is designed to support a weight far greater than their body’s weight, so the construction worker has no reason to feel insecure. Suppose the harness fails due to a defect, and the construction worker falls, sustaining injuries. In this situation, the construction worker can bring suit against any party in the distribution chain. That might be the manufacturer, retailer, or wholesaler.
- Wrongful death: When a death occurs at someone’s workplace due to negligence, the surviving family can bring suit against the party at fault. These types of lawsuits can also be combined with other legal claims.
- Premises liability: This is when the person or company with a duty to keep an area safe fails to do so. It rests on the idea that when you invite or expect someone onto your property, you have a duty to take reasonable steps to ensure they are safe there. Our premises liability attorneys can help you assess if this might apply to your construction site injury case.
Florida is a modified comparative negligence state. This means that an injured person can still recover damages even if they were partly at fault for what happened; however, the Plaintiff cannot be more than 51% at fault for their own injuries. The role of a construction accident maintenance negligence attorney in Florida is to investigate the accident to understand all factors that led to the injury.
Common Construction Accidents Linked to Poor Maintenance
Construction accidents can happen in many ways. Here are some common events that lead to injury on a heavy equipment worksite:
- Falls from faulty scaffolding: As a temporary structure, scaffolding is usually put up quickly. Sometimes not all connection points are adequately secure, or personnel don’t install enough safety barriers. A tragic result is a fall from heights that could have been prevented with the right safeguards.
- Equipment failures: Construction sites have many large and heavy pieces of equipment, from jackhammers to pulleys that carry steel beams. A loose bolt in a hammer that leads to unsafe operation, or a worn pulley, are both examples of equipment failures that might have been prevented with proper maintenance.
- Electrical hazards: Exposed or live wires can cause burns or other serious injuries. Proper procedures for shutting off power or warning of electrical hazards are critical components of proper maintenance.
- Unsafe walkways: Building high-rises and large complexes means walking along unfinished areas of a building high above the ground. Drops or gaps in the walkways, spills, or debris can all lead to dangerous falls and injury.
- Chemical spills: Construction sites often contain toxic or hazardous materials that require proper handling and safety gear. Improper worker training on handling dangerous substances can lead to tragic and dangerous consequences. Defective safety gear can also lead to toxic exposure.
- Loose or falling objects: Construction site accidents often involve a fall from above. Glass, steel, and concrete are just some materials that might fall from a building due to poor maintenance standards. The objects can strike a person below, causing serious injury.
Construction site safety is essential to prevent such accidents. The tragic consequences of not staying safe can include many physical injuries.
Common Construction Site Injuries
Injuries at construction sites are more likely to be severe. The physical harm from these injuries can require a long recovery time in the hospital and at home. The types of injuries we see in our practice from construction site accidents include:
- Broken or fractured bones
- Brain injuries
- Loss of a limb
- Spinal cord injuries
- Blindness
- Severe burns
- Exposure to toxic chemicals
- Injuries from falling objects
- Development of chronic diseases
Poor maintenance can result in devastating injuries on a construction site. If you have an injury, we can help you learn more about your rights to legal action. Depending on what happened, you might be able to sue and get the financial support you need for your recovery.
Who Can Be Held Liable for a Maintenance-Related Construction Accident?
If you have been injured in a construction site accident, we can help you review your legal options. Several parties might face legal action because of maintenance neglect, such as:
- General contractors
- Subcontractors
- Property owners
- Equipment rental companies
Some construction site accident injuries in Florida fall under workers’ compensation. When workers’ compensation applies, employees generally cannot sue their employer in tort, except in narrow circumstances. Typically, all Florida companies have to carry workers’ compensation insurance unless they receive a special exemption from the state. If your employer does not have workers’ compensation insurance and they were responsible for the injury, you might be able to file a lawsuit.
Workers’ compensation protection only applies to employers and covers employees. There are several circumstances that can fall outside the workers’ compensation scheme. If the negligence of a third party, such as an equipment manufacturer, caused your injuries, you can likely sue. If you are not employed by the site contractor, such as if you were visiting the construction area when you were hurt, you might be able to file a lawsuit.
A construction accident lawyer in Florida, such as those at our firm, can review your case details and give you a clearer picture of your potential legal recourse.
Evidence That Can Help Prove Negligent Maintenance
A legal claim for maintenance negligence requires proof of the sequence of events. This timeline leads to the person responsible for your injury. That responsibility might lead to legal liability. We may be able to gather evidence to show negligence from sources such as:
- Maintenance logs: These show the records of upgrades and repairs to equipment, tools, and structures. Gaps in the log can reveal a lapse in equipment maintenance that led to a safety hazard.
- Inspection records: These show inspections of equipment, tools, and structures. Inspectors note when a fix or upgrade is necessary. Comparing maintenance logs and inspection records can reveal when a repair was needed and how long it took to complete. If the fix didn’t happen at all, it can help trace the fault for your injury back to the responsible party.
- Photos of conditions: Pictures offer clear evidence of safety hazards. In a legal claim, an expert witness can comment on a photo and describe how it is evidence of a safety concern. For example, frayed wiring can show the risk of an electrical hazard.
- Witness statements: People who saw the accident can shed light on what happened, sometimes offering details that photos don’t show. Witnesses can reveal important details, such as a supervisor denying a worker’s right to refuse unsafe work just prior to the injury. Witnesses can also give context, such as an office worker revealing cuts to the maintenance budget that led to fewer inspections and repairs.
A Florida construction accident attorney investigates these details and builds your case. A strong lawsuit is developed on a foundation of solid facts and evidence that support your claim.
How a Florida Construction Accident Lawyer Can Help You
Construction accidents frequently leave people with serious injuries that can change how they work, play, and live. These devastating injuries make this type of lawsuit complicated. The defendant’s insurance company, which wants to pay as little as possible, will often deny the claim.
Working with an experienced law firm can make all the difference. An attorney can investigate the circumstances and offer a full picture of what happened. Even if you might have played a role in the accident, you might still get compensation. So don’t hesitate to reach out to us to learn more.
Our team of construction accident lawyers will be with you every step of the way, fighting to get you maximum compensation for your injuries. Contact a Florida construction accident lawyer today to see how we can help you move forward.
