Can There be Third-Party Liability in Construction Accidents?

Construction sites are inherently dangerous places, and despite strict safety regulations, accidents still happen. If you are a worker who has been catastrophically injured on a construction site, or if you are a passerby who was injured while traveling near a construction site, it’s important for you to understand that there are many parties who can be held liable for your injuries, not just the construction company itself. Depending on the details of your case, many of these third parties can be included in a construction accident lawsuit.

What third parties are normally “present” at a construction site, and how can they be held liable? Find out everything you need to know about third-party liability in terms of your case.

What is Third-Party Liability in a Personal Injury Lawsuit?

Third-party liability refers to the legal responsibility that parties other than the employer might have for injuries sustained in a workplace accident. In personal injury law, third-party liability allows injured individuals to seek compensation from parties whose negligence or actions contributed to their injuries, beyond the scope of workers’ compensation claims. This can significantly increase the compensation available to injured workers, covering areas such as pain and suffering, which are not typically included in workers’ compensation.

Can You Hold a Third Party Liable for a Construction Site Accident?

Yes, in the state of New York, third parties can be held liable for injuries sustained on a construction site if their negligence or wrongful actions played a role in causing the injury. Third-party liability claims are separate from workers’ compensation claims and can be pursued in addition to receiving workers’ compensation benefits. This allows injured workers to seek broader compensation for their damages.

Which Third Parties Can Be Held Liable in Construction Accidents?

Several types of third parties can be held liable in construction accidents, including:

• Contractors and Subcontractors: If a contractor or subcontractor on the site failed to adhere to safety standards or acted negligently, they could be held liable for resulting injuries. 
• Equipment Manufacturers: Defective or improperly maintained equipment can cause serious injuries. Manufacturers and suppliers of such equipment can be held liable if their products fail and cause harm. 
• Property Owners: If the property owner did not ensure a safe environment for the construction work, they could be held accountable for accidents occurring due to unsafe conditions. 
• Architects and Engineers: Design flaws or oversight errors by architects and engineers can lead to hazardous conditions, making them liable for injuries caused by their negligence. 

Other, smaller third parties include delivery companies, utility companies, or any other entities involved in the construction process.

What Are Some Scenarios Where Third-Party Liability Would Occur?

The details of your case will determine who can be held responsible for your injuries. These are some scenarios where third parties can be held liable:

Note: These scenarios are completely fabricated and do not reflect actual events that have occurred.

Scenario 1: Faulty Equipment

A construction worker uses a defective nail gun that misfires and causes a serious hand injury, and an investigation reveals that the nail gun had a manufacturing defect. The worker can file a workers’ compensation claim with their employer and also pursue a third-party liability claim against the nail gun manufacturer for producing a defective product.

Scenario 2: Negligent Subcontractor

A general contractor hires a subcontractor to handle electrical wiring, and the subcontractor fails to follow proper safety protocols, resulting in an electrical fire that severely injures a worker. Here, the injured worker can file a workers’ compensation claim and also a third-party liability claim against the subcontractor for negligence.

Scenario 3: Unsafe Premises

A construction worker is injured when a poorly maintained scaffold collapses. The property owner had been warned about the scaffold’s condition but did nothing to fix it. The injured worker can seek workers’ compensation and file a third-party liability claim against the property owner for failing to maintain a safe work environment.

Scenario 4: Design Flaws 

An architect’s flawed design leads to structural instability, causing a section of the building to collapse and injure workers. In this scenario, the injured workers can claim workers’ compensation and pursue a third-party liability claim against the architect for the design error.

Scenario 5: Hazardous Materials

A construction worker is exposed to toxic chemicals due to improper labeling and safety information provided by the supplier. The worker suffers serious health issues as a result. Here, a third-party liability claim can be filed against the supplier for failing to provide adequate safety information and warnings.

Get Help with Your Construction Site Lawsuit

While workers’ compensation provides essential support, it often falls short in covering all damages, especially non-economic ones like pain and suffering. By pursuing third-party liability claims, injured workers can hold responsible parties accountable and secure the compensation they deserve. 

If you or a loved one has been injured in a construction accident in New York, contact the personal injury lawyers at Morelli Law. We specialize in construction accident cases and are dedicated to helping you navigate the complexities of third-party liability claims. Contact us today for a free consultation and to explore your legal options.