By Robert I. Feinberg | Published May 24, 2023 | Posted in Construction Accidents | Comments Off on Common Issues in Handling a Construction Site Accident
In this series of construction accident blogs, we have focused on the notion of a controlling employer. Generally, the controlling employer is the General Contractor and has those responsibilities. That is, the controlling employer must satisfy its responsibility to exercise reasonable care to prevent and detect violations on the site by any of the subcontractors. Read MoreRead More
The Role of Expert Witnesses in a Construction Accident Case and the relevant factors to assess conduct In this blog, I will talk about expert witnesses. But let’s start with a cautionary tale: as the highest court of Massachusetts, the Supreme Judicial Court, has said, experts don’t decide cases, juries do. I assume that is Read MoreRead More
How Vital in a Construction Accident Case is that Third Party Review of Safety at the Job Site? Often a third party reviews a safety plan at a construction job site and its conclusions will provide your lawyer great insight as to problems on the site and the action or inaction of the General Contractor Read MoreRead More
Negligence, Liability and Responsibility of the General Contractor This blog sets out how your lawyer can successfully establish the negligence, liability and responsibility of a General Contractor in a construction accident case. Any discussion of negligence/liability/responsibility of a General Contractor on a construction site must begin with examining the type of job that was undertaken. Read MoreRead More
Communication Is Key to Safety on a Construction Job Site What communication regarding safety took place at the construction job site. The last blog emphasized the conduct that is expected of the person in charge of a construction site. Those duties include paying attention to danger or potential danger. But that is not enough. There Read MoreRead More
What Establishes the Standards and Expectations for Safety on a Construction Job A review of the General Contractor’s background and a look at the sources that establish the conduct of a General Contractor on a construction job site In any case, regardless of its complexity, as the injured person’s advocate, your lawyer must know the Read MoreRead More
The Role of the Construction Site Project Manager or Superintendent Important concepts that your lawyer should pursue in establishing fault on the General Contractor in a construction accident Construction sites have one person in charge. That man or woman is the “captain of the ship”. I will refer to the person as the PS. The Read MoreRead More
In a recent blog I talked about ways to prove your construction site accident case and I ended with a discussion of OSHA. I said if they came and investigated, that would be a fertile ground of material for your lawyer. However, there are circumstances, in fact many, where even if a serious accident occurred, OSHA will not come to investigate. Recently, there are more stringent requirements on having OSHA investigate. Let’s assume that we are dealing with those times where there has been no investigation of the construction accident.Read More
The major players at a construction site will have their own safety manuals or safety handbooks, or at least they should. Those important manuals/handbooks will be made available to their employees. Take the case of a general contractor. We know from prior blogs that a general contractor must designate a person with the responsibility of safety.Read More
Proving fault for an accident on a construction site is not easy and handling a construction site accident in the right way is not easy. It requires a lot of work. I would like to review some of that work in this brief blog. As we draw to a conclusion of these construction site accident blogs, it is an appropriate time to provide a summary of the necessary work.Read More
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