Who Is Liable For An Injury Caused By Construction Defects?

An Oklahoma Injury caused by construction defects can be devastating causing serious personal injury or death to victims. Construction projects are a daily occurrence. Whether it is the construction of a new building, roads, or the repairs and maintenance of highways and facilities, there is always some form of construction going on around us. That is why it is no surprise that the people and companies running these business and construction projects have a duty to make their sites safe for workers and anyone permitted on the sites.

Injury Lawsuits Related to Construction Defects

You can file different lawsuits in construction defect and accident cases. The main lawsuits for construction claims are workers’ compensation claims, wrongful death claims, and personal injury claims. The most common are personal injury claims. A personal injury claim occurs when a non-employee suffers a physical injury while at a construction site.

In these types of cases, liability is most commonly against the owner of the construction site, the general contractors and subcontractors, or sometimes engineers and architects. There are also times when the manufacturer of certain equipment used at the site can be sued if the equipment was defective.

Negligent Construction

If you are a developer, general contractor, or subcontractor at a construction project, remember that you have a duty to exercise reasonable care in the construction process in the state of Oklahoma. Oftentimes, you are also responsible for the oversight of the project. You are expected to ensure that no harm occurs to persons on the worksite.

Breaching A Duty of Care is Negligence

To have a viable personal injury case against you, the plaintiff must prove the legal theory of negligence. Negligence occurs when you fail to use reasonable care to prevent harm to others. To prove negligence, the plaintiff must show that you owed them a duty of care, that you breached that duty of care, and that your negligence caused them harm. The main question is whether you acted as a reasonably careful person would have acted under the same or similar circumstances. If the answer is yes, then the next issue is whether you breached your duty of care.

Breaching a Warranty is Compensable

In addition to negligence claims, other common claims in a construction defect setting are breach of contract claims, breach of warranty claims, strict liability claims, fraud claims, and negligent misrepresentation claims.

Whom you should hold liable for the personal injuries you sustained from a construction defect depends on the facts of the case. Often, the party with the most control and oversight of the construction site will be held liable. The theory is that if you are the person in charge of ensuring everyone’s safety, you should be the one liable at the end of the day. Of course, that is not always the case, but to avoid future liability, it is important to always maintain a safe work site environment. Remind workers of important safety regulations, have ongoing safety training, and make sure the site is not accessible to outside persons when work is not underway. These steps will help you avoid liability in the future.

Oklahoma Construction Defect Injury Lawyer

Injury caused by construction defects can be a horrific situation. When this happens you have two problems to deal with at once: your injuries and the damage to your home or property. You need an experienced construction defect and personal injury lawyer in your corner. Our experienced injury lawyers will help you find out who is at fault and stand up to the liable parties on your behalf to help get you compensation and justice. For a free consultation, contact Kania Law Office by calling (918) 743-2233 or contacting us online.