There are number of injuries that can happen in a construction site, and the more alarming thing to know is that these injuries is not only a danger to the workers; pedestrians are also at risk of suffering serious injuries from construction site accidents. Minor misjudgments or errors in the construction site can result to major injuries to workers and pedestrians. Both the worker and the pedestrian have the right to sue the construction company for damages and injuries that resulted from an accident from falling debris.
Since many construction workers who get hurt on site accidents are covered by workers’ compensation, majority of personal injury lawsuits are filed by pedestrians and other non-employees. Each personal injury claim has the same elements to be presented to court: the duty of the construction site to keep the area safe, this duty has been breached, and that the breach caused damages and injury. The difficult part of going to court with a personal injury lawsuit against a construction company is who should be held responsible. According to the website of Ravid & Associates, P.C. of Detroit, there are many parties that are involved (the general contractor, owners, and various subcontractors), and all of them can take responsibility for the worksite’s safety. It all depends on the contract signed among the parties. Having a successful personal injury claim can mean knowing which ones you should fight against.
Head and brain injuries are the most common injuries suffered by those who have had falling debris hit them due to unsafe construction sites. These injuries can be overwhelming and serious, and could become a life-long disability that a worker or pedestrian would endure. It is not merely a physical injury, but could account for financial, social, and mental pain and suffering that could affect them for the rest of their life. There are many types of safety errors that could result to falling debris injuries. Among the most common are insufficient barricades and signage that are necessary to warn pedestrians and non-employees, and the failure of the company to inspect and ensure the conditions of their tools and equipment.
Liability for personal injury lawsuits regarding falling debris in a construction site can depend on the details that surround the accident.
When a construction accident occurs, most companies believe it is the fault of the workers; they tend to believe their safety measures and policies have been broken, leading to the injuries. Although this may be the case to a majority of construction accidents, there are still instances that the company has lacked certain safety measures that lead to the accident. Workers are expected to know and practice the proper safety policies and precautions of the construction company, but the employee also has the obligation to train the workers regarding their job safety.
Most state laws compel construction companies to have their workers well trained and follow safety procedures. According to the website of the Sampson Law Firm in Louisville, companies who have failed to provide proper safety training to their workers, resulting in the workers being injured in a work-site accident could put the employer liable for personal injury lawsuits. This right to sue is applicable even when the accident was caused by the worker. There are three basic elements that a worker should prove in court in order to win a personal injury lawsuit due to the company’s lack of (or improper) safety training. These are:
- The defendant (employer) owes a duty to train the worker for the job given to them. – Although it is expected that the worker already is aware of the safety measures necessary to the type of job they will be doing, it is still part of the employer’s obligation to ensure that the worker understands how to perform the job properly. If it can be shown that the training does not live up to this requirement, the worker’s chances of success improve.
- The defendant breached the duty to train. – A breach of duty to train could mean that the company failed to provide proper safety training where any reasonable construction company can provide under the same circumstance. Breach of duty to train the workers can account to employee negligence and could put the employer liable for the harm it caused a worker.
- The breach of duty to train caused injury to the worker. – There are different types of damages in personal injury cases, with the most common ones being medical expenses and lost wages. It is important, however, for the worker to prove that the damages are actually due to the defendant’s negligence, and not from other factors.
Personal injuries due to construction accidents can have devastating effects not only on the physical aspect of the worker; their quality of life and finances can also suffer. A company who has been negligent or careless in properly training or installing their safety procedures or policies should be held liable for injuries that a worker suffers when construction accident does occur. Filing a personal injury lawsuit may be the only way to get compensation for the damages.
Many couples often stay in unhealthy relationships without discussing their issues. When they reach their breaking point, rather than actually trying to fix their problems, many couples choose to file for divorce with the belief that ending the relationship is the only way to end the unhealthy relationship. Many couples choose to move away rather than face the uncertainty of their relationship, whether it will work out or not.
For those who file for divorce, it is essential to know if divorce is really the best decision for the relations. One of the things that couples should think about is whether they have hard or soft issues; hard issues could mean problems with abuse or addictions. Being involved in hard issues or problems in a marriage can make divorce a necessity for your wellbeing, but if issues can be worked out or if the underlying problem can be determined perhaps the marriage can be worked out.
Couples who choose who reconnect can get help through a marriage counselor. Not many couples who are experiencing marital issues go to marriage counselors, forestalling a fair chance for their marriage to work by believing marriage counseling is either unnecessary or will not help. Going to a marriage counselor, however, has many benefits. Not everyone has the relationship skills that are needed in order to maintain and solve problems in a marriage, and this is where marriage counselors help.
A key factor in a marriage falling out is the miscommunication or lack of communication between you and your spouse. Marriage counseling can help establish better communication by having the marriage counselor mediate over the conflicts that have built up, monitor the progress, and provide objective feedback that could be important in understanding you and your spouse’s needs and wants. Be warned, however, that marriage counseling can only guise you and your spouse through the process of fixing what might be wrong in your relationship, they are not the ones who will fix them for you. Going to the marriage counselor earlier on to address the marital issues can determine whether it is worth saving or it is time to file for divorce.
Homicide is the act of killing a human being by another human. Although it is often mistaken for murder, homicide has a much broader definition than murder in that murder is a form of criminal homicide, while there are other acts that are not considered criminal in nature. Factors that help determine whether the action was criminal or justifiable are the circumstances that surround the incident and the intent of the killer. These also help decide whether it can be classified as murder or manslaughter (and to what degree).
It can difficult to live life when you are charged with homicide, since most people believe you are already a criminal and should be locked up in prison. Fortunately, there are instances where homicide does not constitute as a criminal act and can be regarded as excusable or justifiable. One of these is instances of self-defense, where a stronger person threatens them with serious injury or even death. You are authorized to kill a person in self defense only when you have reason to believe the assailant is a real threat of serious harm or death to themselves or to others. This doesn’t mean you should kill such a person, but in extreme situations, it’s possible it will be the only option.
According to the website of Austin criminal defense lawyer Ian Inglis, there are laws governing self-defense and if it qualifies for criminal homicide. There are many ways to defend against accusations of killing another person. Traditionally, the defense for being charged with homicide depends on two things, specifically: (1) possibility or chances of retreating without doing any physical action against the assailant, and (2) using reasonable force to fend off the assailant. Those accused of committing homicide through self defense can protect themselves from prosecution of the law if they are able to prove they acted reasonably under these conditions. There are certain states where they don’t require you to retreat when the attacker or assailant threatens you in your own, where you work, or your business. This is called the “Castle Doctrine”, and moreover, more than 32 states follow the “stand your ground” laws that permit you brandish or use a firearm in situations even outside of your laws.
The laws regarding homicide and self-defense can differ from each state, therefore you should consult a lawyer if you are charged with homicide. It is important to find a lawyer who specializes in criminal law to ensure that your rights are preserved and protected during the whole court proceedings.