Can I Sue the Person Who Owns the Property in Case of Construction Accident Injuries?
Most property owners do not contemplate being sued by a construction worker who is injured while working on their property. This scenario, however, is feasible. An injured construction worker may be able to sue the property owner. Not every construction worker injury is the fault of the property owner. Nonetheless, if there is evidence that the injury occurred as a result of the property owner’s negligence, they may be held liable for the worker’s medical expenses and other damages.
Determining if you can or cannot sue the property owner will depend on the details of your case. The best course of action would be to contact an experienced construction accident attorney. The attorney can review your case and help you understand your legal options.
Homeowners and liability
It is critical to understand that the contractor is responsible for completing the work as specified in the contract. Likewise, the property owner is responsible for ensuring that the property is reasonably safe for the contractor and their employees. If the homeowner fails to provide a safe working environment for the workers and one of them is injured, a premises liability lawsuit may be filed.
Can a Homeowner Be Liable for a Contractor’s Injuries?
The quick answer is yes. Nonetheless, whether or not the homeowner can be held liable will be determined by the cause of the injury. Not all injuries sustained on a construction site are the fault of the property owner. For example, if a worker operating a table saw is injured when the saw blade breaks, he or she will almost certainly be unable to sue the property owner.
In a scenario similar to the one described above, the injured worker would be required to use their workers’ compensation benefits to be reimbursed for their medical expenses. Operating the table saw was most likely one of the worker’s daily tasks, and it was an accident for which no one can be held responsible.
Similarly, if a roofer falls from a roof that is being repaired, the owner cannot be sued. The contractors were aware that the roof was in poor condition, which is why it was being repaired. On the other hand, imagine a construction worker who was injured after slipping on an icy walkway on the property where they were working. The homeowner could be held liable for the worker’s injuries. Remember that the property owner is responsible for keeping the work area free of hazardous conditions such as snow or ice.
When building or renovating a home, some homeowners prefer not to get too involved in the construction process. Other owners prefer to be heavily involved in the process, ensuring that everything is done according to their specifications and making day-to-day decisions.
Owners who want to be heavily involved in the construction process run the risk of making a decision that injures a worker. For example, if a homeowner instructs a construction worker to place a ladder in an unsafe location (despite being warned of the danger), and the worker falls from the ladder, the owner may be held liable.
The owner was negligent because he was told that putting a ladder in that location was dangerous, but they still told the worker to go ahead with it. Property owners must also inform contractors of the location of power lines, gas lines, water lines, and other elements of the property that could be damaged by accident and injure a worker. If a worker is injured while drilling a wall and gets electrocuted after damaging a power line, the worker may be able to seek compensation from the owner.
Can I Sue the City of New York After an Injury?
If you are injured on public property or in the facilities of a government institution as a result of a dangerous condition, you have the right to sue the city of New York or the appropriate government entity. However, you must understand that suing a government entity is not an easy task. In order to file a lawsuit against the city or a government agency, you must follow certain procedures and meet certain deadlines. In situations like these, it is crucial to get legal assistance from an attorney.
What is a Notice of Claim?
A notice of claim is a document that must be served on the government entity against which you intend to sue to inform them of your intentions. In most cases, you must file this document within 90 days of the date of the accident. The notice of claim must explain how and when the accident occurred, as well as the injuries you sustained. Failure to submit this document on time may result in your case being dismissed in court.
What is Sovereign Immunity?
Government entities and municipalities have sovereign immunity, which prevents them from being sued unless they consent. Nevertheless, this does not mean that you have no recourse if you are injured on public property. If you follow the strict procedure for filing a lawsuit against a public institution, which begins with the notice of claim, sovereign immunity can be waived.
Can You Sue If You Get Hurt On Someone’s Property In New York?
Yes, you can sue the property owner if you can show that you were injured as a result of their negligence. Property managers and homeowners are responsible for making their premises safe for workers, visitors, customers, and anyone else who is legally on their property. All hazardous conditions must be repaired or removed within a reasonable time after they are reported to the property owner. These are some of the most common dangerous conditions that lead to accidents:
- Broken or missing handrails
- Snow or ice on walkways, entrances, sidewalks, etc.
- Water puddles
- Cracks on the floor, concrete or uneven surfaces
- Obstacles on hallways
- Areas with poor illumination
Getting Legal Help with Your Premises Liability Claim
Accidents can happen at any time and in most cases we have no control over the situations that cause them. However, if someone had the possibility to prevent your injury but they negligently failed to do it, you should not be dealing with the financial consequences. You can get the compensation you deserve for your injuries from the person who is responsible for them.
At Greenberg & Stein P.C., we will fight for your rights. Our attorneys have vast experience handling premises liability cases and have succeeded in court numerous times. If you recently suffered an injury due to someone else’s fault, do not hesitate in calling us. Contact us at 212-681-2535 to schedule a free consultation to review your case.