Construction Defect Causing Injury: Who is Liable?

If your home has a construction defect causing injury to you or your family, you may be able to recover damages. A construction defect involves some problem with the manner in which your home or building is constructed. A falling part, for example, may a construction defect that causes an injury to someone in your home. Faulty wiring, lead paint, or dangerous chemical’s used in installation could also cause injury. There are numerous different types of construction defect, and if one or more of these defects leads to damages, the damages may be recoverable in court.

Suing for a Construction Defect

If you decide to sue for a construction defect causing injury, you will nee to file a civil suit. These lawsuits are governed by tort law. Tort law is set by each state, and so the rules and regulations may vary slightly depending on where you live.

Generally, however, in order to sue you must either prove that the defendant caused you harm, either intentionally or negligently. In intentional torts, you must prove the defendant meant to do the action that caused harm. In negligence torts, you must prove that the defendant breached a reasonable standard of care in his actions. In other words, the defendant’s behavior must have fallen short of what a reasonable person would have done in the defendant’s situation.

Because most contractors and construction workers don’t intentionally create defects in a home or building, most construction defect cases are negligence cases. This means that you must prove that your contractor or the person who did the construction behaved below a reasonable standard of care.

Who Can You Sue

You can generally sue the person who performed the work that led to the construction defect causing injury. You may also be able to sue his company, if he works for the company. If he was a subcontractor who was hired by someone else, you generally can sue the person who hired him as well.

You are able to sue the company and/or general contractor who did the hiring because the subcontractor was working for them. Under agency law principles, this means tat his actions were actions on their behalf, and thus they are liable for any injury or damages that came from those actions.

Proving Damages

Like any other personal injury case, in a construction defect case, you must prove both that the injury occurred as a result of the defendant’s actions and that you actually suffered some type of damage as a result of the injury.

Once you have proved these elements, you can recover for a variety of different damages. You may be able to recover actual damages for your medical bills and lost wages. Damages for pain and suffering and emotional distress may also be awarded, depending on the situation.

Finding Legal Help

If you believe you are being injured or have been injured by a construction defect, you can sue the people responsible. Your lawyer will help you to determine who to sue, how to build a case, and how to file your lawsuit.

Have a Personal Injury Case?