Determining Liability for Fire and Explosion Accidents on Construction Sites
Construction sites house power tools, demolition equipment, and chemicals. Because of these substances and tools, the possibility of getting hurt in a fire or explosion on a construction site is significant. If such an event injures you, you might be able to seek compensation in a fire or explosion injury claim.
One key to a successful claim is suing the right individual. Depending on the circumstances, you might have the right to sue the property owner, a construction professional, or a manufacturer or distributor of construction materials. Our legal team can simplify the process of selecting defendants.
Greenspan & Greenspan Injury Lawyers have decades of experience litigating personal injury matters and can quickly pinpoint all parties that should be part of your construction site fire or explosion claim. We can also maximize your damages to help make sure you receive all the compensation you deserve.
Damages You Can Receive in a Construction Site Fire Lawsuit
In a construction site fire lawsuit or explosion injury claim, you may be entitled to the following damages:
- Compensation for your pain and suffering;
- Payment for your present and future financial losses, including healthcare costs, lost wages, diminished earning capacity, property repair costs, and property replacement expenses; and
- Punitive damages to punish a defendant who committed egregiously wrongful acts.
We can help you receive the proper compensation by negotiating or litigating your case. We tailor our strategy to your unique needs and circumstances.
A Defendant’s Obligation to Prevent a Construction Explosion or Fire
First and foremost, anyone who acts negligently on a construction site and causes a construction explosion or fire can be liable for damages. This means that you might have the right to sue a negligent owner, contractor, visitor, or trespasser on a site. To prove negligence, you must prove the at-fault person or entity:
- Owed you a duty of care,
- Breached their duty of care,
- Caused your injury due to their breach of duty, and
- Caused you to sustain financial and other losses.
Everyone owes others the duty to act reasonably. What is reasonable depends on what activities an individual engages in and their circumstances. If an individual is an owner or construction professional, there are many specific rules they must follow to keep sites safe.
Specific Obligations for Construction Professionals and Property Owners
The State of New York and its cities have several laws and rules regarding construction site safety. Under the law, property owners and contractors must take steps to give reasonable and adequate protection to employees and lawful visitors of their construction sites. Safety measures an owner or contractor might have to take include the following:
- Guarding dangerous machinery and substances,
- Using construction devices and materials properly,
- Training construction workers on safety and equipment use,
- Refraining from using construction devices that are in a dangerous condition,
- Regularly inspecting site conditions, and
- Marking dangerous conditions or devices.
Construction professionals also have common law obligations to prevent causing harm to others. These obligations might include driving safely around and through construction sites and following directions when using chemicals, explosives, or machinery.
Obligations for Manufacturers of Construction Materials and Devices
A manufacturer or distributor of a construction product that causes a fire or explosion could be liable for the harm they caused. If the distributor or manufacturer used a faulty design to make their product or distributed a product with a defect in it, they are typically liable for the damage the product caused. Proving product defects is a very complex process that often requires the evaluation and testimony of experts. We can help ensure we get the correct testimony from experts and witnesses to prove your right to compensation from a manufacturer or distributor.
Exceptions to Liability in a Lawsuit
There are some exceptions to property owner and construction professional liability in a fire injury or an explosion injury claim. In many cases, an owner of a one-family or two-family dwelling who does not direct or control the construction work on their property is not liable for a construction accident. Also, an engineer or architect who was part of the construction project may not be liable if their only role in the project was to plan or design it.
If you are a construction employee who suffers an injury from an explosion or a fire at work, your only option for obtaining compensation may be a workers’ compensation claim. Workers’ compensation is the exclusive remedy that employees have against their employers for workplace injuries. Workers’ compensation claimants can receive partial wage replacement and coverage for their medical care, but they cannot receive damages for pain and suffering or punitive damages. However, an employee who can prove that a third party other than their employer caused or contributed to their injury has a right to sue that third party. Greenspan & Greenspan Injury Lawyers can help you identify all responsible parties and file claims against third-party defendants.
Time Limits for Filing a Lawsuit
Many construction site injury cases start with filing a claim against the at-fault party’s insurance provider. You want to do this as soon as possible to help ensure that you receive coverage for all of your losses and treatment needs. You should also have an experienced attorney guide you through your claim to avoid unfair denials or inadequate settlement offers from the insurance company.
If the insurer does not make a fair settlement offer in your case, you can sue them in court. You typically have three years from the date of your accident to sue the at-fault party. We know how to time these matters properly to avoid unnecessary delays, protect your rights, and maximize your damages.
Contact Us Today
Injuries from fires or explosions can be extremely traumatic and should be handled with the utmost care. While you receive medical care and take time to recuperate from a construction injury, we can fight hard for your rights. Greenspan & Greenspan Injury Lawyers is an award-winning legal team that handles every step of getting clients compensation for their pain. We are highly experienced and passionate about helping injury victims across New York. Call us or contact us online today to schedule a consultation.
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