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Construction accident liability and third party litigation, P.2

Last time, we began discussing the possibilities available to workplace accident victims in terms of third party litigation. As we noted, there are a variety of parties that may be liable for a workplace accident, particularly on construction sites. Another possibility for obtaining compensation when there is a failure of equipment or an accident that occurs in connection with dangerous equipment is product liability litigation.

Product liability involves strict liability on the part of the equipment manufacturer rather than negligence. Pursuing a product liability case isn’t necessarily easy, though, as manufacturers can be expected to avoid liability at all costs. This is especially true in cases where it can be argued that the worker acted unreasonably in voluntarily exposing himself or herself to a known risk, or when the injured employee may have misused the product in some way. 

Another possible avenue for third party liability for injured workers premises liability. The basic elements of premises liability are that the injured individual was lawfully on the property, the property owner was negligent in addressing an unsafe condition, and that negligence resulted in injury. In the context of the work accidents, the circumstances can vary in terms of who actually owns the property on which the work is taking place, especially for independent contractors. Premises liability is typically something businesses insurance against, so injured workers should also explore the possibility of an insurance claim in connection with premises liability.

In any workplace injury case, working with an experienced advocate is critical, not only to pursue every avenue of compensation available, but also to ensure that one has a zealous advocate at one’s side to defend one’s rights and represent one’s interests.