Falling debris in a construction site can inflict devastating injuries. Whether you can sue for falling debris in a construction accident depends on a variety of different factors, like whether you suffered an injury and what type of debris struck you. If you were hit by falling debris on a construction site, contact an attorney today so we can start reviewing your case.
When Can I Sue for Falling Debris in a Construction Accident?
If you are not an employee of the site, you may be able to sue a construction company if you suffer an injury from falling debris on a construction site. Under the legal theory of premises liability, owners and occupiers of property are liable for some injuries that happen on their premises unless the injured party was trespassing. To recover damages in a premises liability claim, you need to show the owner or occupier of the property was negligent in the maintenance and upkeep of their property. Then, you must prove their negligent behavior caused your injuries and subsequent losses.
How to Prove a Construction Site Was Negligently Maintained
A qualified personal injury attorney can walk you through proving the elements of a premises liability claim. You must prove each of the following elements: (1) duty, (2) breach, (3) causation, and (4) harm.
The first element of negligence is proving the construction company owed you a duty of care. Generally, owners and occupiers of property owe a duty of care to individuals legally on their property to warn about dangers and keep their property reasonably safe.
Property owners and occupiers owe invitees the highest duty of care to keep their property in a safe condition. Invitees include people who visit a construction site to transact business, like an architect or outside contractor. The construction site must remedy any condition they know or should have known was dangerous and warn invitees of open and obvious dangers.
A construction site or manager breaches their duty of care when they fail to maintain the property and keep it in a reasonably safe condition. For example, if a construction supervisor knows debris falls from the site constantly, they should advise any visitors to wear a hard hat or avoid the area of falling debris.
To prove causation, you must establish a connection between the negligent maintenance of the construction site and your injury. That means you must prove that, but for the negligence of the construction site manager, your injury would not have happened. A qualified construction accident lawyer can help you establish the link between your injury and the construction company’s negligence.
Finally, you must prove the construction site’s breach caused you harm. In other words, you cannot sue for being struck by falling debris if you did not suffer any type of injury.
What Kind of Losses Can I Recover for an Injury from Falling Debris?
Accident victims may recover economic and non-economic damages from the fall. These are referred to as compensatory damages. Compensatory damages in slip and fall cases often include:
- Medical costs,
- Lost wages,
- Loss of future earning capacity,
- Emotional distress,
- Pain and suffering,
- Physical impairment, and
- Loss of the enjoyment of life.
The value of your losses will vary depending on the severity of your injury and the extent of your financial damages. Our team can help you calculate the approximate value of your losses by compiling evidence of your medical bills, rehabilitation costs, and check stubs. Contact an attorney at Glugeth & Pierguidi today.
What Kind Of Injuries Are Caused by Falling Debris on Construction Sites?
Many construction sites involve workers on high surfaces performing various tasks related to the overall project. When workers perform tasks like hanging shingles from a roof or installing windows on multi-level buildings, there is always a risk of debris falling to the ground below. Injuries that happen when a piece of debris falls on someone include:
- Traumatic brain injuries,
- Cuts or gashes,
- Broken bones, and
- Bruises and contusions.
The severity of an injury often depends on what kind of debris fell on the victim and how high the debris fell from.
If you or a loved one suffered injuries from being hit by falling debris on a construction site, contact Glugeth & Pierguidi today to schedule an appointment.
Can a Construction Worker Sue for Injuries from Falling Debris?
If you suffer an injury from falling debris while working on a construction site, you generally cannot sue to recover your losses. Instead, you can file a workers’ compensation claim to recover a portion of your losses. In most states, including New Jersey, employers are required to provide workers’ compensation coverage to their employees. Workers’ compensation covers the employee’s medical expenses and most of their lost wages. If you have questions about filing a workers’ compensation claim, contact our office today to schedule an appointment.
If You Suffered an Injury in a Falling Debris Accident, Contact Our Team at Glugeth & Pierguidi
Our team of attorneys at Glugeth & Pierguidi possesses more than thirty years of combined experience advocating for injured victims. We have recovered millions of dollars on behalf of clients who were injured by falling debris on a construction site. One of our founding attorneys, Jared Glugeth, was named to the Super Lawyers Rising Stars List, a rating reserved for lawyers who have attained a high degree of peer recognition and professional achievement. We know that a one-size-fits-all strategy will not secure the maximum possible recovery for our clients. Instead, we meet one-on-one with each client to listen to the details of their case and expectations for their lawsuit. Contact our office today so we can start helping you.