Construction sites are among the most dangerous places to work and are potential causes of injury to people who pass by or through them. If you’ve been injured in a construction site accident, the Law Offices of James Jean-Francois, P.A. in Hollywood, Florida provides the personalized attention and dedicated legal services you need to win financial compensation for medical expenses and other losses.
Whether you’re an operator handling heavy construction equipment, an ironworker building a supporting structure, or any other worker on a site, your job is a dangerous one even when safety practices are in place. Among the risks to people onsite or in adjacent areas are these:
If you are a construction worker, you cannot recover anything but workers’ compensation from your employer, but you might have a personal injury claim against a property owner, a contractor or subcontractor for unsafe conditions or building code violations or on the property. If your injury is caused by defective of unsafe equipment or materials, you may have a products liability claim against the manufacturer.
Construction accidents can cause a wide range of injuries, including:
These and other injuries have the potential to be life-changing, affecting your ability to work and support yourself and your family. I will fight for damages to fully cover your current and future losses.
The workers’ compensation bar prevents suit against your employer for injuries caused by workers under the employer’s direct supervision. You may have a third-party claim if the injury was caused by the negligence of the property owner, a contractor or subcontractor or any of their employees. If you are injured by defective or unsafe equipment, you may be able to sue the manufacturer.
Yes, but your recovery will be reduced. Florida law applies the rule of pure comparative negligence, which limits your recovery to the percent of harm caused by other people. If you were 30 percent responsible for causing an accident, you can recover only 70 percent of your provable damages.
Florida’s statute of limitations requires that lawsuits be commenced within four years of an accident or other event causing personal injury. There are certain circumstances that may extend the statute of limitations. For one, an injured minor (under 18) has seven years from the date of the incident to file suit. A similar exception applies when the injured person is legally considered incapacitated.
Usually not, but there are exceptions. A property owner or manager who discovers trespassers must warn them about dangerous conditions not readily observable and must refrain from gross negligence or intentional misconduct that may cause injury. In the case of undiscovered trespassers, there is no duty to warn but the owner or manager must refrain from intentional misconduct that may cause injury.
Yes. The law recognizes that children are naturally curious and may lack the sense of caution exercised by adults. The usual immunity afforded to landowners for trespassers’ injuries does not apply to “attractive nuisances” — conditions created by the landowner that are likely to excite a child’s interest and that pose an unreasonable risk of harm. Construction sites fall within this definition.
The Law Offices of James Jean-Francois, P.A. provides skilled advocacy for people injured in construction accidents in the Hollywood, Florida area. To schedule a free consultation, call 954-780-8505 or contact me online. My office is conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.