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Dervishi Law Group P.C.

Archive for July, 2016


Construction accident

Construction workers face some of the most dangerous hazards on a daily basis. Whether it’s falling off a scaffold, being electrocuted, or getting cut by a sharp metal, these workers put their lives at risk to complete a building project.

Below are steps to take after a construction accident:

  • Being well prepared is an important step. All workers and management staff on the site should be well trained and know what to do in case an accident occurs.
  • Call 911 and obtain medical attention immediately, even if the injury seems minor.
  • Report the accident to your direct supervisor.
  • Make sure to obtain a copy of the accident report and any related paperwork filed by your supervisors, upper management or the medical personnel.
  • Report to OSHA within 8 hours of the hospitalization or death of individuals, if an accident involves the hospitalization of at least three individuals or results in the death of one or more individuals.
  • It is advisable to report the accident to the company’s worker’s compensation insurance provider as soon as possible.
  • Always gather the names and contact information of all the witnesses to the accident.
  • Take photographs of the site where the accident happened, any equipment involved in the accident and if possible the injured victims.
  • Never admit fault to company management or insurance representatives.
  • Never rush into a settlement with the employer or the employer’s insurance company.
  • Hire an experienced construction accident attorney.
  • Do not sign any agreements or waivers prior to meeting with an attorney.

Contact Dervishi Law Group, P.C. for free case evaluation

When a construction accident happens, seeking the advice of a construction accident lawyer may be the best option. An attorney can help victims follow crucial steps in receiving compensation for their injures. Construction workers have rights in the event of an accident. We have the experience to advise you about these laws, and to protect your financial future. We have successfully represented thousands of construction workers who have been hurt on the job. We have our own investigative team and act quickly to gather and preserve evidence. Call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com.

 

Construction accident

Accidents are prone to occur anywhere, and construction sites are no exception. Whether it is a small project or a major commercial development, construction work is quite dangerous. Safety is extremely important on a construction site. All the safety regulations, specifications, and inspections have to be met in order to prevent construction site accidents. The job safety programs help prevent construction site accidents and create safety awareness for all parties involved in the construction project. However, when a construction accident occurs, determining liability can become a problem and cause major difficulties. This is because of the large number of people involved in the construction project.

While filing for a construction site accident lawsuit or an insurance claim, it is important to identify the parties that are at fault for the harm caused. However, identifying the parties can be a challenging task. The system followed at a construction site will be an important consideration that needs to be taken into account when determining the potential liability of the numerous individuals involved in the project. When assessing liability for injuries at a construction site, the extent of a potential party’s control of the premises where the construction is being done, and the amount of control they have over the work, is generally a main determination.

Here is a guide to help you determine who could be held liable for the injuries that you suffer from in an accident at a construction site:

Identifying Who is Liable

  • Construction Site Owner– While the construction project is under way, the landowner might not be considered the legal possessor of the land. This depends on how much control he has given to the contractor. However, by virtue of being the owner or possessor of the land, the landowner is liable for any construction site accident that occurs. Since the injury was caused at his site, the owner can be held liable if he or she knew about a potential danger on the site, and the accident occurred due to that hazard. The court will consider how much control the landowner has over the work itself and will come to a decision as to who is legally at fault for the injuries sustained.
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  • General Contractors and Sub-Contractors – It is the legal duty of the contractors and sub-contractors to warn the employees of any potential hazards or defects on the site. Additionally, they are expected to provide a safe environment for the workers. It is their responsibility to hire competent employees and to abide with the safety protocols and OSHA regulations.
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  • Prime Contractors– A prime contractor differs from a general or sub-contractor, because he or she is only responsible for the work that is stated in his or her prime contract. Also if a prime contractor chooses to delegate work to sub-contractors he or she has exclusive responsibility over the sub-contractors (including as to payment and work quality).
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  • Architects and Engineers– Architects, engineers and design professionals are responsible for meeting certain standards during the design and/or construction phases of the project. Their extent of responsibility can be determined by looking at their contract with the site owner. The duty of an architect, engineer, or design professional may include progress observations in order to ensure it complies with the specified plans, and site inspections to make sure they comply with the code regulations. If the standards are not met, the architect or engineer can be held liable for the construction site accident.
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  • Manufacturers of Construction Machinery– Manufacturers of faulty and defective design of construction machinery can be held liable in the case of a construction site accident.
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  • Insurers– In major construction projects, the parties involved are required to have ample insurance coverage. This should cover all aspects of the construction project. The insurance coverage and the extent of that coverage are important issues that need to be assessed to determine if the insurance company is liable for the construction site accident.

Need help? Contact us Dervishi Law Group P.C.

If you or a loved one is injured in a construction site accident, construction accident attorneys at Dervishi Law Group, P.C. can help you. We specialize in construction accidents. If you would like a free consultation, call us at 718-619-4525/ 917-300-0797 or email at fdervishi@dervishilaw.com.

 

Product liability claim

When an individual suffers injuries or any other kind of damages due to a defective motor vehicle, the result may be a product liability claim. Over the past few years, some motor vehicle defects have come to light including, SUVs that are prone to rolling over, motorcycles that have issues with wobbling when driven at high speeds and cars sold with tires that are likely to a blowout.

A product liability claim involving a defective motor vehicle can be classified in two different categories:

Defectively manufactured vehicle or parts: According to this type of claim, there was an error in the manufacture of the vehicle or one of its parts leading injury.

A vehicle with an unreasonably dangerous design:This category suggests that although the vehicle and its parts may have been manufactured properly, it had an unreasonably dangerous design that ultimately caused the injury.

Potential defendants in product liability claim involving motor vehicles

It is important to identify and include all potential defendants in the lawsuit. This means, all participants in the “chain of distribution” of the motor vehicle or vehicle part involved in the case. The “chain of distribution” usually includes the following types of defendants:

The Manufacturer: In a product liability case involving a defective motor vehicle, the manufacturer can be held liable. However, it is important to note that the manufacturer is typically a large company, which means it may have money to compensate for the injuries.

Parts manufacturer: If your case is based on a defective motor vehicle part, such as the tires or the battery, the parts manufacturer may be the defendant in your case. The parts manufacturer may be a separate company from the vehicle manufacturer. You may be able to sue both the vehicle manufacturer and the manufacturer of the defective part.

Car dealership: Another potential defendant in your case may be the dealership. Whoever sold the defective vehicle or the defective part may be liable for damages, even if you were not the actual buyer.

Middleman or shipper: The middleman or shipper who was part of the chain of distribution between the manufacturer of the defective vehicle or parts and the retailer where it was sold may be liable for damages.

Contact the Dervishi Law Group P.C.

If you, a family member or a friend have suffered an injury as a result of a faulty product, contact the Dervishi Law Group, P.C., at 718-619-4525 / (917) 300-0797 to speak with one of our Defective Product Lawyers. Our team of lawyers has the knowledge and experience to offer you quality legal representation, while fighting for the compensation you need and deserve.