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Premises Liability: What Happens When Passersby Are Injured by Construction Work?
In February, a nearly 600-foot tall crane crashed onto the buildings, cars, and pedestrians in downtown Manhattan. One man, a Harvard-trained mathematician, was killed. Three others were injured. What rights do these individuals have under the law? Can they seek compensation? And just how difficult will the process be?
How Frequent Are Construction Site Injuries?
According to the U.S. Department of Transportation Federal Highway Administration, approximately 1.6 percent of all roadway crashes occur within construction work zones. Of those, approximately 0.6 percent were fatal (576 fatalities), 30 percent resulted in injury, and 69 percent caused only property damage. Most occur during active work hours (70 percent).
Passersby Have Right to Reasonable Expectations
Construction workers, company owners, and property owners all have an obligation to ensure safety measures are taken to keep the public safe. This means taking appropriate safety measures, such as posting signs or other warnings, as well as ensuring all equipment is secured and all safety policies and procedures are followed by workers. When they fail to fulfill this duty and neglect their responsibility, those affected have the right to seek fair compensation for any death, injury, or property damage experienced.
Construction Site Deaths and Injuries Are Premises Liability Cases
All injuries and deaths experienced at a construction site, such as those experienced by those injured and killed in the crane accident, are considered premises liability cases. Injured and affected individuals may pursue damages for death, pain and suffering, time lost at work, associated medical costs, and even property damage. However, these cases are often complex since those plaintiffs must prove that the accident and any resulting injuries or deaths were directly due to negligence of the construction company or its workers.
Get Qualified and Experienced Legal Help with Your Premises Liability Case
Victims who are injured or killed at construction sites or zones may have the right to seek compensation, but they also have a difficult journey ahead. For some, this journey includes healing from injuries. Others may be healing from the loss of a loved one. Still others may have their life permanently affected by a serious injury, forcing them into a completely different way of life.
The attorneys of Gimbel, Reilly, Guerin & Brown, LLP have been serving Wisconsin residents since 1968. Skilled and experienced, we understand just how drastically an accident can change your life. We handle all the legalities, giving you the time and energy needed to focus on what is most important: healing and moving forward with life the best you can. To learn more about how we can help with your case, schedule a consultation with our Milwaukee personal injury attorneys. Call 414-271-1440 today.
Sources:
http://nypost.com/2016/02/05/crane-collapse-in-manhattan/
http://ops.fhwa.dot.gov/wz/resources/facts_stats/injuries_fatalities.htm
