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On a cloudy spring day, the National Weather Service issued a severe storm watch for Austin, Texas. The winds, which had been building all morning, were averaging around 30-40 mph by the afternoon.
In the middle of the storm, Michael Delgado, 29 years old, was making deliveries on his bicycle as part of his job. He was near the Shell gas station on Rio Grande Street when a large piece of construction debris fell from a Greystar apartment construction site and struck him in the head.
Michael died instantly.
Michael Delgado’s family filed a wrongful death lawsuit against Greystar Development and Construction, alleging that the construction company was negligent because it failed to secure the debris “despite the fact that there was a wind and weather advisory in place at the time of the incident.”
Construction accidents like the one that occurred in Austin, Texas, are not uncommon. So, who’s liable when a person is injured or killed as a result of falling construction debris?
How common are injuries caused by falling construction debris?
The incidence of injuries caused by falling construction debris is surprisingly high, especially in urban areas brimming with construction activities and pedestrian traffic.
While comprehensive data on injuries to bystanders from such incidents is limited, the statistics for construction workers paint a troubling picture. Among construction workers, falls are the primary cause of fatalities, closely followed by “struck-by” incidents, a category that includes injuries from falling debris.
Considering the high frequency of these accidents among construction workers, it stands to reason that the risk to pedestrians and bystanders could be considerable as well.
According to the United States Bureau of Labor and Statistics, being struck by an object accounts for approximately 15 percent of construction worker fatalities. What’s more, roughly 13 construction workers die every day as a result of hazardous conditions.
Depending on the specific construction site, falling objects may include:
In New York City, a 37-year-old real estate agent, Tina Nguyen, was killed by a piece of plywood that fell from a construction fence surrounding a condo construction site. The plywood struck Tina with such force that it propelled her against a building, where she hit her head on an FDNY standpipe.
Establishing liability for injuries caused by falling construction debris
Liability in personal injury cases revolves around the legal principle of negligence. To put it simply, negligence is the failure to exercise the appropriate level of care. To prove negligence, you must establish four elements:
- A duty of care existed,
- The duty of care was breached,
- This breach was the cause of your injury, and
- Your injury resulted in damages.
When it comes to falling construction debris, there are several parties involved in a construction site that may have a duty toward the people in the surrounding areas. These parties include:
- The construction company: The construction company is responsible for enforcing safety regulations, providing appropriate training to their employees, and taking precautions to prevent accidents. If a construction company fails to meet these responsibilities and an accident results, they may be held liable.
- General contractors: A general contractor is a person who supervises and coordinates aspects of a construction project. A general contractor may be held liable if they fail to ensure that their work zones are safe.
- Property owners: Although not as common, the owners of the property on which the construction is taking place may bear some responsibility. For example, a property owner may be held liable if they negligently hired a construction company or otherwise knew or should have known that the construction company posed a risk of inflicting harm and failed to take reasonable steps to prevent the harm.
- Manufacturers of construction equipment: If an accident was caused by defective equipment (such as faulty scaffolding), the manufacturer of that equipment could be held liable.
Challenges in establishing liability in falling construction debris cases
Establishing liability in falling construction debris cases can be difficult. Construction projects often involve numerous parties, making it difficult to determine precisely who failed in their duty of care. What’s more, the defendant may argue that the injured party was partially or entirely at fault, perhaps claiming that they entered a clearly marked construction zone.
For these reasons, it’s important to consult with an experienced personal injury attorney. An experienced attorney will help you navigate the complex legal landscape, gather evidence, and build a strong case to prove negligence and recover your rightful compensation.
What if a construction worker is injured from falling debris?
If a construction worker is injured on the job due to falling debris, they must—in the vast majority of cases—file a workers’ compensation claim in lieu of a personal injury lawsuit. This is due to something called the “exclusive remedy provision.”
To receive workers’ compensation benefits, the injured employee needs to prove that the injury occurred on company time. Unlike a personal injury case, the injured worker doesn’t need to prove that anyone’s negligence caused the accident to receive compensation.
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