Thursday, November 5, 2015

Proving Negligence In A Construction Accident

Some people mistakenly believe that since a construction site is inherently dangerous, construction supervisors can't be held liable for injuries that the workers may sustain.
However, this isn't necessarily the case. If an accident occurs as the result of the negligence of a construction company, the workers may be entitled to compensation for any injuries.

In order to prove negligence, a plaintiff would need to address four different factors: duty of care, breach, causation, and injury. All four of these factors must be present in order to prove negligence.
Duty Of Care

Duty of care refers to the obligation a person or company may have to take reasonable measures to ensure the safety of others. You need to establish that the construction company has a duty to ensure that your particular incident did not happen.

Was There A Breach?

A breach occurs when one party fails to live up to its duty of care. It means that they did not take proper measures to maintain safety. You will need to show that your construction company did not honor its duty of care.


After proving that there was a breach, you will also need to show that this breach actually caused the incident. If the company was found to have breached their duty of care, but this breach did not cause the incident, the company will not be found to be negligent.


If the other party's breach did cause the incident, you will also need to show that the incident caused your injuries. If you can connect your injury to the incident, then you have a possible claim to damages.

If you believe that you have been injured as the result of negligence in Los Angeles, contact a Los Angeles personal injury attorney who can represent you.

No comments:

Post a Comment