Construction Site Injury and Expert Witness Testimony and Reports
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The reports and testimony that an expert witness provides is crucial in construction site injuries where an employee or bystander harmed from the site presses a claim in civil court. The expert needs to explain to the judge or jury how the incident occurred, what injuries exist and why treatment requires compensation.
Construction sites are full of dangers around every corner. However, when accidents occur, the injured party may have the ability to acquire compensation for his or her physical harm sustained at the location. These circumstances depend greatly on liability and accountability. If the victim was careless and no duty owed to him or her, then he or she may be accountable for the injuries. However, if the construction site did owe a duty of care to the person, and a breach caused the damage, then the company or someone specific is liable and must pay the victim compensatory payments when proven in court.
The Construction Site
While experts are necessary for understanding codes and guidelines at the location of an incident, the construction site may have various dangers that explain how the victim of the accident may hold responsibility for the injury. Tripping and falling over materials or parts of a building are common. There are signs when some areas could contain falling bricks or other resources.
The expert for the plaintiff is able to connect a lack of these preventative measures to the defendant. This may progress the claim further and show liability. The construction site contains these dangers, but the owner or management team usually places warning signs or keeps hazards contained and away from wandering guests or uninvited individuals.
Injury and Necessary Testimony
The damage inflicted upon victims on construction sites often leads to lawsuits. There are falling materials, locations where a person may slip and numerous areas to fall. The injuries sustained on construction sites depend on how high the person is and where he or she is. If the individual is on the second or above floors of a building still under construction, the damage is often greater than when on the ground floor. However, several holes in the floor area could break bones or inflict further physical harm. It is generally negligence or a duty of care owed to the victim that may win a lawsuit when proven successfully.
The necessary testimony that an expert witness provides to these claims usually deals with negligence and the duty of care. Negligence applies when there are areas where someone may sustain harm that are not properly quarantined or taken care of. The duty of care arises when visitors or appropriate individuals are on site with permission and sustain injury. The duty of care owed to these victims comes from the owner or manager of the construction company or owner of the building. Any breach of this duty that causes the injury generally awards the victims compensation for the incident.
Construction Site Issues and Testimony
Those that testify due to construction site incidents may explain various aspects. These are not necessarily centered around the injury or location. Construction safety is one element that the case may resolve around, but the claim could include issues such as training, work zones, reports and investigations into the site. Preparation of the site as well as excavation, tunneling and utilities are part of these processes. Some water systems affect the construction and may lead to various injuries. Some plaintiffs are construction employees that sustain injury through working at the site. While workers’ compensation usually applies to these circumstances, some individuals may press a claim based on negligence or third-party involvement.
The Occupational Saftey and Health Administration or OSHA has a hand in workplace safety. If violations of the standards set forth by OSHA occur, the claim may proceed rapidly. It is up to the management team or owner to ensure these safety protocols are in place no matter how rushed the job may be. When excavating, the company need to contain the various dangers to prevent possible injury. Water in underground pockets could damage the structure and lead to catastrophic incidents. If the company or individual overseeing the site cannot foresee the danger, claims may fail in these circumstances.
The Construction Site Expert
In many of these cases, the expert will create a report about the facts, include his or her credentials and provide a conclusion with opinions based on evidence. These reports and testimony give the court a better understanding of why compensation is necessary for the victim.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.