In a personal injury case, you will need to demonstrate the following:
The defendant had a duty to provide for the safety of the worker.
Any party that supplies, maintains or moves the scaffolding has a duty to provide for the safety of the workers. Furthermore, any party that possesses the power to make decisions at a construction site may have a duty to provide for the safety of the worker. This duty can extend to scaffold safety. If the owner of the building supervises and oversees workers, he or she may be liable for the scaffold accident.
The defendant breached that duty.
Breach of the duty of care is a failure by the defendant to provide for the safety of a worker. If an OSHA regulation has been violated, it is considered breach of the duty of care. Any other violation of safety standards that have been accepted in the industry or recommended by experts may also be considered a breach of the standard of care.
The breach caused harm to the worker.
If the defendant’s breach of that duty has caused harm to the worker, the former is liable for the injuries. To file a successful personal injury lawsuit, you will need to prove this.