How to File a Case after a Scaffolding Accident in California
Scaffolding accidents cause nearly 5,000 injuries and deaths every year. When a person is injured while on scaffolding, he or she may be able to file an injury claim for monetary compensation. Depending on the specifics of the case, the claim may provide monetary compensation for a loss of wages and benefits, medical expenses, emotional trauma, and more. If you or a loved one was hurt in a recent scaffolding accident, it is recommended that you speak to a well-versed attorney who can help. Southern California’s premier construction accident attorney, Scot T. Moga can come to your aid.
The Moga Law Firm has been successfully representing injured construction workers for more than 25 years. The law firm is exceptionally experienced in these complex cases and will thoroughly investigate the case to assemble the evidence required to recover the fullest compensation available. When there are grounds for a this-party claim, the law firm will aggressively pursue the claim on your behalf. Consider contacting the Moga Law Firm today and schedule your complimentary consultation.
Causes Behind Scaffolding Accidents
The Occupational Safety and Health Administration, better known as OSHA, reports that thousands of workers are injured each year as a result of scaffolding accidents. Every year, approximately 60 people die as a result of these accidents. Sadly, a vast majority of these accidents happen when a person is at work, namely, at a construction site. Construction workers report that these types of accidents frequently occur as a result of the following: Slip and falls, Support systems giving way, Objects falling from overhead, and Planks giving way underneath.
In most construction sites, scaffolding is either assembled in a hurry or assembled by a team of untrained workers. Whenever this happens, a serious accident can occur that can result in traumatic injuries, such as traumatic brain injuries or spinal cord injuries.
Determining Fault for an Accident
In personal injury claims, the party responsible for the accident may be court-ordered to pay the victim damages after an accident. Liability in most construction site accidents is determined by these causes of action:
Product Liability – Unfortunately, even when proper safety rules are followed and the scaffolding is assembled correctly, there may be a defect in the scaffolding, which may lead to its collapse causing devastating injuries. When this happens, a product liability claim can be filed against the party who designed, manufactured, or sold the defective product.
The Property Owner’s Responsibility – In the State of California, property owners have a legal responsibility to those who enter their property legally. They must ensure their property is reasonably free from dangers and hazards that can cause harm. When the scaffolding is a visible hazard to those on the property and this results in an accident, the property owner can be held responsible for the victim’s damages.
Negligence – In order to recover damages following an accident, the personal injury claim must prove that: The party in question owed the victim a duty of care; The party breached said duty of care; The breach resulted in the injuries suffered by the victim; and The breach resulted in the victim’s damages.
Obtain Reliable Representation Following a Scaffolding Accident
Scaffolding accidents are serious accidents that result in thousands of injuries each year. When a worker is fortunate enough to survive this type of accident, he or she may have to face a lifetime of pain and suffering stemming from the catastrophic injury. If you or a loved one was severely injured in a scaffolding accident, obtain the legal support of a qualified attorney to ensure maximum compensation is secured.
For more than 25 years, the Moga Law Firm has fought for the rights and interests of injured construction workers. Construction sites are some of the most dangerous worksites in America and each year, thousands of workers are injured by accidents that could have been entirely prevented. The Moga Law Firm is proud to represent accident victims and help them obtain the monetary compensation they need and deserve after such a devastating accident. Consider scheduling a no-obligation consultation with the Moga Law Firm by calling 909-931-2444 or completing the online contact form here.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
