Struck by Falling Objects
Your Legal Options if You Were Hit by Falling Object While Walking in Gwinnett County
Believe it or not, injuries caused by construction sites are not limited to those sustained by workers and employees. Injured passersby may have grounds to take legal action against construction companies after experiencing severe injuries if they were hit by falling objects. Not only are these injuries abrupt and unexpected, but objects often strike victims in the head – which could lead to lifelong complications and cognitive disturbance.
If you recently suffered injuries from falling debris or equipment from a construction site, you may be able to make a claim against the contractor responsible. For help with this process, contact Gwinnett County injury attorney, John Morrison, right away to discuss your options.
Evidence of Negligence in Falling Debris Cases
Construction accidents caused by falling debris are actionable provided the plaintiff-victim can prove the four elements of negligence: duty of care, breach of duty, causation, and damages.
Generally speaking, a construction site manager must ensure the site and surrounding areas are free from danger – and the company could face liability for failing to protect injured victims from foreseeable dangers and hazards.
When it comes to falling objects, construction site managers likely have a duty to conduct the following safety measures.
- Safe placement of bricks, mortar, and tools during construction projects
- Secure construction of scaffolding alongside buildings
- Placement of unambiguous warning signs alerting pedestrians of potential hazards
- Employee training for proper disposal of trash and debris
- Securing debris and equipment during periods of high wind
- Installation of barricades to direct pedestrians away from possible danger
There are a number of other ways in which a construction company could be negligent; a plaintiff may be able to recover in any scenario where a construction company ignored or haphazardly followed reasonable safety measures.
Initiating a Claim if You Were Hit by Falling Debris
For anyone injured by falling debris at a construction site, the first necessary step to initiate a lawsuit is to file an official complaint in state or federal court. With the help of a personal injury attorney, a complaint should set forth the general facts giving rise to the cause of action, including the type of injury sustained, the details of the accident, and the amount of money the plaintiff is requesting to compensate for the injury.
Of course, the defendant you name in the lawsuit may be able to raise certain defenses to liability – including an argument known as “comparative negligence.” In Georgia, a jury may reduce a plaintiff’s total reward if it finds that the plaintiff contributed in some way to her own injury.
In the pedestrian construction accident context, a defendant may assert that the victim was not paying attention to her surroundings, ignored warning signs of danger, or should have been aware that falling debris may be a possibility. However, John Morrison can help you create a legal argument and present evidence to combat this defense.
NOTE: If the construction company can prove you were more than 50 percent at fault for the accident, you will not be eligible for recovery.
Get Help from John Morrison Today
If you recently suffered an injury after a falling object hit you, contact the Law Offices of John Morrison, LLC today at 770-951-8900.