Liability for Injuries – Who can be held responsible for my injuries in a Fire Escape Porch or Deck Collapse?Who is liable for injuries? Liability can be extended to a number of persons with regards to such injuries. Homeowners, renters, occupiers of the property, construction employees, architects and building manufacturers can all be held liable. Although, each party may not be at fault, and most of the time liability depends mainly on who was responsible for the injury. If discovery shows that the architect erred in his construction of the property, or that there was defective or sub-par construction materials used, then those particular parties may be held liable. On the other hand, if discovery shows that the homeowner allowed an excess number of people to enter onto the property causing the collapse, then they will be liable. Generally, the courts will determine whether the party at fault was negligent. A party is found to be negligent when their actions fall below that standard of care of a reasonably prudent person. Examples include failure to properly designate the number of occupants permitted on the deck, faulty construction or the use of sub-par building supplies.
Contractor Liability for Injuries – Filing a Personal Injury Lawsuit for Faulty Contractor WorkContractors can also be liable when they fail to perform their duties property. Contractors who undertake the responsibility to erect a structure are charged with the duty to perform the task properly. In cases where injuries result, the contractor will be liable. It is not important that no privity exist between the parties. Contractors duty to 3rd persons, i.e. social or business guest is not waived simply because there is no contractual agreement. Contractors or repairmen owe a general duty to perform repairs properly. A duty is owed if:
- The repair was negligently prepared;
- Failing to make a requested repair which ultimately caused the injury;
- Failing to properly inspect or maintain the property;
- Voluntary assumption of duty to repair/inspect which was done in a sub-standard manner.