Insurance,
Health Care & Hospital Law,
Construction
Nov. 18, 2022
Third-party liability in construction accident cases
In order to establish liability of the owner and general contractor as hirers of the independent contractor whose employee is injured, the evidence must prove that potential Defendants retained and exercised control over the work being performed by the independent contractor and its employees, at the time the injury occurred, and that their negligence in the exercise of this control affirmatively contributed to the employee's injuries (as opposed to the mere failure to act).
John F. Ramey
Attorney
Abir Cohen Treyzon Salo LLP
Phone: (833) 228-7529
Email: jramey@actslaw.com
Ramey practices in the areas of construction defects, personal injury, medical malpractice and business litigation.
As a general rule, workers injured while working at a construction site receive workers compensation benefits - the exclusive remedy an injured worker has against an employer. But there are some exceptions under Labor Code Section 3600 et seq: The injured worker can also pursue third parties for compensation who bear responsibility for their injuries. The potential Defendants may include any or all of the following:
A project own...
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