Construction sites can be dangerous places to visit, let alone work on, even when everyone on site follows every safety precaution and acts as responsibly as possible. A single mistake or mechanical malfunction can create a scenario that puts dozens of people in harm’s way at once, often with life-altering or even life-threatening consequences.
Like all other property owners, people who own and operate active construction sites in the Garden State are legally liable for injuries caused by their negligent property management. However, getting a favorable result from this type of claim can be difficult without a skilled premises liability attorney’s help. If you have been hurt under circumstances such as this, contacting a Bloomfield construction accidents lawyer from Fredson Statmore Bitterman, LLC should be among your top priorities.
Establishing Valid Grounds for a Premises Liability Claim
A construction site owner may face liability under premises liability law for an injury on that site if all the following conditions are met:
- The landowner owed a duty of care to protect a visitor on their land from harm in specific ways
- The landowner allowed a dangerous condition to exist on their land, specifically by failing to meet their applicable duty of care
- That breach of duty directly led to an accident involving a visitor
- That visitor suffered at least one injury requiring professional medical treatment
Every landowner in New Jersey has a duty of care to warn lawful property visitors of all known property hazards, to address those hazards reasonably quickly after learning of them by removing them or cordoning them off, and to inspect their property regularly for new hazards to protect invitees visiting lawfully for the landowner’s financial benefit. Generally, the law classifies employees and contractors on construction sites as invitees in this context, but it is worth discussing this aspect of a possible claim with a Bloomfield construction accidents attorney before taking any binding legal action alone.
Avoiding Legal and Procedural Roadblocks
Legal counsel can also help contest allegations that someone injured by a dangerous condition on a construction site was partly to blame for causing their own injuries through their own reckless or careless misconduct. Otherwise, a court may assign that injured person a percentage of comparative fault for their accident and, depending on what that percentage is, reduce the total compensation available to that person or throw their case out of court altogether in accordance with New Jersey Revised Statutes § 2A:15-5.1.
Another potential obstacle worth mentioning is the statute of limitations codified in N.J.R.S. § 2A:14-2, which grants most injured people just two years to file suit after initially sustaining their injury. This can be a very short period of time in which to build a comprehensive lawsuit over something as complex as a construction site accident, so support from a skilled Bloomfield lawyer can be especially vital to complying with this rule.
Contact a Bloomfield Construction Accidents Attorney for Assistance
Recovering physically from the injuries you suffered in a construction site accident can be hard enough on its own, but adding financial and psychological losses to the mix can feel completely overwhelming. However, knowledgeable legal professionals are available to provide custom-tailored small-firm service while also applying big-firm resources toward your claim.
A Bloomfield construction accidents lawyer can answer your important questions and help you feel confident about your next steps. Call Fredson Statmore Bitterman, LLC, to schedule your free consultation.
