Construction Site Attorney Rochester
Construction Accident Attorney Rochester Michigan

Rochester Michigan Construction Site Attorney

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Construction Injury Attorney Rochester Hills

Construction Site Injuries 

Each year, thousands of individuals claim personal injuries as a result of construction site accidents.  Whether it is an alleged injury involving the use of scaffolding, heavy equipment, power tools, ladders, or cranes – construction site injury claims have peculiarities that require a defense firm with experience.  The attorneys at MacArthur, MacArthur & Associates, P.C. will put our experience to work for you to provide you the best defense to the plaintiffs’ claims.

Principals and Subcontractors

In many construction site injury cases plaintiffs may sue the site landowners, developers, construction managers, design and engineering professionals, general contractors, prime contractors, subcontractors, or equipment and material suppliers. 

In Michigan, the common law has traditionally recognized a general rule that a principal who employs a contractor for a construction project is not liable for personal injuries or death caused by acts or omissions of the contractor or the contractor’s employees. Owners, developers, construction managers, general contractors, and prime contractors have all been held to be principals, depending on the situation.  Design and engineering professionals have also, under certain circumstances, been deemed co-principals or vice principals.

Having noted the general rule of non-liability for these various principals, the Michigan courts have recognized numerous exceptions to the general rule of non-liability where: a principal’s own negligence was a proximate cause of the injury, where the principal was negligent in selecting a site, where the principal failed to exercise reasonable care to employ a competent and careful contractor to do certain types of work, where a principal failed to provide safe tools or equipment, where a general contractor or landowner effectively retained control over the work involved, where that was being performed was inherently dangerous, and where the work was likely to involve trespass or nuisance- just to name some of the exceptions.

Standard of Care

Whether an exception to the general rule of non-liability applies or an entity is not deemed to be a principal, plaintiffs must prove the traditional elements of duty and duty breached.  The standard of care for a given defendant will vary considerably based on the nature of the defendant’s work, their contractual obligations, as well as governing statutes and regulations, including the Michigan Occupational Safety and Health Act.

Defenses and Limitations

Plaintiffs must prove that the breach of duty was the cause in fact and proximate cause of his or her injuries.  This can be an extraordinary challenge where there are multiple entities involved on a construction site.  Beyond that, construction site injury claims commonly involve issues with the Workers’ Disability Compensation Act, the statutes of limitations and repose, indemnification contracts and clauses, as well as Governmental Immunity. 

We’re the Right Choice for You 

Construction site injuries can be quite complex but the lawyers at MacArthur, MacArthur & Associates, P.C. can help you wade through the complexities and develop the defenses that will mitigate your liability.  Contact us today for a free consultation.

 

Construction Injury Attorney Rochester Hills

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