Personal Injury Basics: Construction Defects and Liability

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Personal Injury in Spanish ForkWhen a person suffers from injuries due to a flaw that’s construction or design related, they might be able to sue the contractor, engineer, architect, or subcontractors for negligence. For the injured person to win the case, however, they will have to prove that:

  • The responsible party owed you a duty to provide a certain level of care
  • The responsible party failed to do his or her duty to that level of care
  • They suffered from harm as a result of the responsible party’s failure

What’s a Construction Defect?

Regardless of who the responsible party is, they will only be accountable for the construction defect or foreseen injuries. To illustrate, let’s say that the architect designed a sidewalk that’s too near the street and without a curb. The architect could be partially accountable for the people walking on the sidewalk who were hit by a vehicle when it swerved out of the street and onto the sidewalk, as this specific incident is highly likely a predictable outcome of the design flaw.

In this example, the plaintiff or the injured party must prove without a doubt that the work quality the defendant has is inferior. Personal injury attorneys in Spanish Fork added that this may require testimonies from industry experts who have experience in this particular type of construction flaw.

Damages for Construction Defect Cases

Similar to other cases of personal injury, an individual who suffered from injury because of a construction flaw could seek compensation from the ones who are responsible for the flaw. Although each case differs, common damages in personal injury cases include the following:

  • Healthcare expenses for both past and future treatment of sustained injuries
  • Lost wages because of all the missed days at work due to the injury
  • Emotional suffering and pain
  • A decrease in the quality of the injured individual’s life due to the injury

It’s crucial that the above mentioned damages were really a result of the defendant’s negligent actions. To do so, it’s best to consult a lawyer so that the injured party could better explore all available options.

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