Kingston Construction Accident Lawyers Video Frequently Asked Questions

Can I still recover damages if I’m partially at fault for my construction site injury?

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Video Transcription

If you are partly at fault for your injury while working at a construction site, you may still be able to recover against the property owner or the general contractor.

The law in New York imposes a very strict burden on property owners, on general contractors to keep construction workers safe from risks associated with elevated work places. That means the construction worker should be protected from falling, or the construction worker should be protected from falling objects.

The law imposes, in some situations, strict liability against the property owner or the general contractor. And strict liability means that even if you are partly at fault, the general contractor or the property owner must maintain one hundred precent liability if they fail to provide you with adequate safety devices.

Now there are some situations where strict liability doesn’t apply, so for if example the construction worker fails to utilize safety equipment that were supplied to him or her. If that happens, there can be an offset with comparative negligence. So if the construction worker failed to attach their harness to a scaffold or fixed object, and the scaffold itself wasn’t safe, then the contractor or the property owner should share in some level of liability.