Scaffolding accidents are often devastating, resulting in severe injuries and even deaths. In North Carolina, just like many other states, laws have been enacted that are designed to hold the responsible party accountable and ensure that victims and their families are financially compensated.
Who can I sue for my North Carolina scaffolding accident injuries?
If you sustained a serious injury or lost a member of your family due to a negligence-based scaffolding accident, the North Carolina personal injury attorneys at Shapiro, Washburn & Sharp can help you pursue compensation for your damages. No one should face financial hardships due to the careless actions of another person. Call us today to schedule your free consultation.
Who Is Liable for a Scaffolding Accident in North Carolina?
Liability for a scaffolding collapse accident will hinge on a variety of different factors, such as the parties involved and the cause of the accident. Generally speaking, however, the person or company responsible for inspecting and maintaining the scaffolding, along with those who use it, could be held responsible if a collapse or any other type of accident takes place.
Some parties that are frequently liable include:
The Scaffolding Distributor or Manufacturer
One possible source of liability for a scaffolding accident is the scaffolding itself. If the structure was inadequately maintained, poorly constructed, or badly designed, it could be considered defective and the distributor or manufacturer might be held responsible. Likewise, if the structure was leased or rented, the business that supplied it might be held liable if it was defective in some way.
The Company That Inspected or Maintained the Scaffolding
Another potentially liable party is the person or company responsible for inspecting and maintaining the scaffolding. This may include the general contractor of a construction project and any engineers or subcontractors also working on the project. These people have a responsibility to make sure the scaffolding is in good nick and safe to use. If they fail to uphold this obligation, and an accident happens, they could very well be held liable for any damages it causes.
The Company That Managed the Job Site or Trained the Workers
Along with those involved in the maintenance and construction of the scaffolding, anyone who uses the scaffolding could also be liable for an accident. For instance, if a worker was improperly trained or not trained at all, or was using the structure in a manner it was not intended for, they might be found fully or partly liable for any accident.
Is a Building Owner Liable for a North Carolina Scaffolding Accident?
Under some circumstances, the owner of the property could be held liable for a scaffolding accident. For instance, if the property owner was aware or reasonably should have been aware that the structure was unsafe and failed to take any action to repair the problem, warn others of the danger, or stop workers from using it, they might be held responsible.
What Laws Apply to North Carolina Scaffolding Accidents?
There are several North Carolina laws that could be relevant to your scaffolding accident case, including:
North Carolina Workers’ Compensation Act
The North Carolina Workers’ Compensation Act states that employers are required to provide workers’ compensation benefits to any workers who are hurt on the job. This includes coverage for medical bills and lost income.
North Carolina Tort Claims Act
The North Carolina Tort Claims Act permits injured victims to bring claims against the local or state government agency for any damages that were the result of government employee negligence. This might be relevant if your scaffolding accident took place on property owned by the government or was caused by a government worker.
Occupational Safety and Health Act
Depending on the exact circumstances under which your scaffolding accident occurred, there are numerous other federal and state laws that might apply to your case. For instance, the Occupational Safety and Health Act establishes criteria for workplace safety and obligates employers to provide a healthful and safe workplace. Should an employer fail to meet these criteria and an accident happens, they could be held liable under OSHA.
Speak With Our North Carolina Scaffolding Accident Attorneys
It is necessary to keep in mind that every case is unique, and the exact regulations and laws that apply to your case will be based on the circumstances leading up to your accident. If you were injured in a North Carolina scaffolding accident, it is crucial to speak with an experienced personal injury lawyer who can explain your legal options to you and help you successfully pursue the financial compensation you are entitled to.
The experienced North Carolina personal injury attorneys at Shapiro, Washburn & Sharp can help you get every penny you deserve. Call our offices today at (833) 997-1774 to schedule your free consultation.