Who Is Liable for a Construction Accident?

The owner of the construction site:

Issues of landowner liability turn on the degree of his or her control over the premises, as compared to control over the work itself. Depending on the amount of control of the premises that he or she gives over to an independent contractor, the landowner may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This duty does not extend to potentially dangerous conditions that should be obvious.

Contractors:

Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.

Manufacturers of construction machinery or equipment:

Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacture of that equipment.

Insurers:

In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.