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Can I Sue the Owner of the Property if I Was Injured in an Indiana Construction Accident?

Dec 15, 2021 | Personal Injury

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Indiana construction accident injuries can be quite complicated. That’s because so many parties come and go from the property to complete the project. So if you’ve been injured at a construction site, you should seek an Indiana personal injury attorney as soon as possible.

Your attorney will investigate the accident quickly before the evidence becomes challenging to find. The sooner you begin this process, the easier it will be to find the most recent parties who were on the worksite, what they did there, and how they might be involved in your accident.

Possible Construction Project Accident Liable Parties

Working at a construction site includes some risks as these sites include large machinery, in-progress building structures, and plenty of hazards. Some accidents are completely unforeseeable and unpreventable while others are due to another party’s negligence or failure to care for the construction site properly.

If the property owner is liable, your case is a premises liability case. These cases involve the property owner failing to care for the property properly by preventing hazardous conditions or failing to alert visitors to those hazardous conditions.

On a construction site, this might mean that a property owner removed fencing that protected a hazard, such as a hole in the ground. Or perhaps the property owner failed to lock a gate around a construction site, and an individual was then unaware of the hazards they would experience while on that property.

The property owner certainly carries serious responsibilities during construction projects. But so do many other third parties like:

  • The victim’s employer
  • Equipment manufacturers
  • Contractors
  • Engineers and architects
  • Construction site owners

 What Happens if My Employer Is At-fault?

If your employer is the party that is at fault for your construction accident injuries, you’ll be pursuing a workers’ compensation claim instead of a personal injury lawsuit. Employers must do all they can to protect their teams, but some lines of work are naturally more dangerous than others.

As a construction worker, you’re assuming some risk as part of your profession. As such, workers’ compensation can help pay your medical bills and will provide income while you heal and get back to a place where you can work again.

But if you’re still unsure whether your employer is truly the at-fault party for your injuries, you should discuss the matter with an Indiana injury attorney.

Determining Your Status on the Property at the Time of the Accident

When determining your rights to pursue damages following a construction accident, the courts will look at your status while you were on the property. This will determine what level of care toward you the property owner and other third parties had.

  • Invitee: someone who the property owner invites to the premises, such as a customer.
  • Licensee: someone who the property owner provides permission to be on the property.
  • Trespasser: an individual who goes to the property without permission

If you were invited or licensed to be on the property, you have protections and the property owner has a duty of care toward you. However, if you were trespassing, the only duty of care toward you that the property owner has is to not willfully injury you or increase the likelihood that you will be injured while on the property.

That means that if you were not permitted on the property or disobeyed “keep out” signs, you might not have a case against the property owner or any other third parties in a construction accident.

Pursue What You Deserve With Our Experienced Indiana Accident Lawyers

The best way to find out whether you might have a case after sustaining injuries while on a construction site is to discuss the matter with a personal injury attorney. Your attorney will assess the situation and provide insights as to the best course of action for you. Contact Stewart & Stewart for a free Indiana injury case evaluation.

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