Liability refers to an individual or entity's legal responsibility for causing an accident, injury, illness or death. In Georgia, someone is liable for a construction accident if that person caused or contributed to the accident through a negligent or unlawful act. Negligence consists of four key elements:
Duty of care owed. A duty of care is an obligation to act a certain way according to the circumstances. For example, in construction, an employer has a duty of care to ensure a reasonably safe workplace. A property owner also has a duty to maintain a safe premises.
Duty of care breached. A breach of duty refers to any act or omission that falls short of the accepted level of care. If an ordinarily prudent party would not have done the same thing in the same circumstances, the defendant has breached his or her duty of care.
Causation for the accident. The defendant's mistake must have caused or significantly contributed to the construction accident. In other words, the construction accident would not have happened but for the defendant's actions.
Specific losses suffered. The victim who is filing the injury claim must have evidence of real, specific losses. Evidence can include medical bills that prove physical injuries and pay stubs that prove lost wages.
Most construction accident claims in Georgia name the construction company as the defendant. A company may be liable for your accident if it or one of its employees was negligent, such as by violating an OSHA rule. Other potential defendants include the manufacturer of a defective product or the owner of a dangerous property.