Who is liable for scaffolding accidents?

Scaffolding is supposed to protect construction workers performing work on buildings and the people passing by the site. Unfortunately, mistakes and accidents happen. Instead of these temporary structures protecting people, they actually cause catastrophic damage.

Determining liability after these events can be complex, but legal counsel can help you establish liability. Generally speaking, it will be one of three parties.

Employers can be responsible for scaffolding-related incidents when they make decisions that do not protect workers or bystanders. Examples of ways employers increase the risk of accidents and violate the Scaffold Safety Law include:

  • Hiring untrained workers
  • Failing to provide workers with fall protection gear
  • Requiring employees to work in bad weather
  • Failing to follow scaffolding construction, repair and maintenance regulations

These incidents can happen when employers prioritize a project and profits ahead of worker safety.

Scaffolding manufacturers

Parties must make and construct scaffolding properly for it to be safe. If manufacturers or engineers make unsafe products, they can be liable for damages resulting from that defect or flaw. 

Defective scaffolding might include faulty handrails, substandard products and improper design. These flaws make temporary structures unsafe and increase the risk of a fall or collapse.

Negligent individuals

Someone who is otherwise uninvolved in a construction project can put workers in danger. Drivers may crash into scaffolding; trespassers can alter or destroy framing.

It is also possible for other workers to be responsible for an accident if they show up to work impaired or act recklessly on the job.

Why liability matters

Determining liability after a scaffolding accident can be a highly technical process. Several parties may be involved, all of whom may carry some responsibility for injuries. 

Thus, confirming liability will be essential for injured victims. It can be particularly important for parties seeking compensation for financial, physical and emotional damages.

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