If you become injured on a construction site, demonstrating another party’s negligence is an important part of securing compensation. However, proving negligence in a New York construction accident case requires meeting specific legal standards.
New York law provides protections for workers, but it is necessary to establish that negligence directly caused the injury.
Establishing duty of care
The first step in proving negligence involves showing that the defendant owed a duty of care. In a construction setting, employers, contractors and property owners have a duty to maintain a safe environment. This duty includes following safety regulations, maintaining equipment and properly training workers. You must demonstrate that the defendant had such an obligation on the construction site.
Breach of duty
After establishing a duty of care, the next step is to prove that the defendant breached this duty. A breach occurs when someone fails to take reasonable action to uphold the duty of care. For example, a contractor may breach their duty by ignoring safety protocols, using defective equipment or failing to provide necessary safety gear. You must present evidence that the defendant’s actions or inactions did not meet the standard of care required.
Causation
If you suffered an injury in a construction accident, it is your responsibility to show that another party’s breach of duty directly caused the injury. This requires linking the defendant’s negligence to the accident. For instance, if a worker falls because of a lack of proper scaffolding, the plaintiff needs to demonstrate that this specific breach led to the injury.
Damages
The final element to prove in a negligence case is damages. Be prepared to show that the injury resulted in actual harm. Damages can include medical expenses, lost wages and pain and suffering. Documentation like medical records, pay stubs and witness testimony can help prove the extent of the damages.
Studies show that construction accidents lead to 24% of all worker deaths in New York State. Negligence on a construction site has horrifying implications, and that is why it is so important to get the compensation you deserve from those at fault.
