Can A Third Party Be Responsible for a Construction Injury In Texas?
If a person is injured on a construction site in Texas, the liability may be complicated. On most construction projects, there are many different parties involved in many different phases of the project. Texas law allows for a third party to be named and held responsible for a percentage of the liability in the case. Our construction accident lawyers recommend that you consider the following entities that may have a part to play in causing a construction injury.
How much control does the property owner have over the construction site at the time of the injury? As a landowner, they would have responsibility for the safety of individuals that are involved in the project.
Responsibility for injury in this instance depends largely on the extent to which the design experts are involved at the time of the injury. They would be liable if the injury was related directly to the design as it relates to the construction.
Machinery or Equipment Manufacturers
If the injury is the result of defects in design, manufacture, or maintenance of construction machinery or equipment, the manufacturer may be held liable for the injury as a third party.
The general contractor is responsible for ensuring that a safe worksite is provided. They also have a duty to make sure that safety regulations are complied with. If they are found to have hired incompetent employees that contribute to an unsafe workplace, they can be held liable.
In much the same way that general contractors are held liable for providing a safe workplace, sub-contractors must do the same. Attention to safety and safety compliance is their responsibility, and they will be found liable if they are negligent in their duty.
As the general contractor has responsibility over the whole construction site, a prime contractor only has responsibility for the work identified in their contract. Now, if the prime contractor decides to hire a sub-contractor, they are liable for damages due to any faulty work of that sub-contractor.
The Role of Worker’s Compensation Insurance
In Texas, if you are injured on a construction site, your rights will be quite different depending on whether your employer has worker’s compensation insurance. If your employer has worker’s compensation insurance, there will be a limit to what you can file for in damages. If they don’t have it, they are considered a non-subscriber, and usually have a determined set of lawyers that are prepared to work on their behalf and minimize potential damages.
Should You Hire an Attorney to Represent you in a Construction Injury Case?
As you can see from the previous discussion, construction injury cases can be complex and have many different defendants. Your best bet is to hire a reputable personal injury attorney. The case will be complicated regardless of whether your employer has worker’s compensation insurance. These construction accident attorneys work to get you the maximum settlement, and they work on a percentage basis, so you don’t have to worry about paying them up front. The advice you receive will be well worth it.