- What is a construction, factory or premise Injury?+
A serious injury or death at a home, business, factory or construction site, results in a legal claim for damages if negligence or a product defect or defective condition caused the injury. (If the injured party was working at the time, see WORKPLACE INJURIES) . Injury or death or amputation could result from a wide variety of causes:
defect on the grounds
exposure to toxic gas/chemicals
Resulting injuries can include:
Dismemberment or amputation
Injuries to upper or lower back or to the spinal cord
Eye injuries, including blindness
Injuries to the head, neck or shoulders
In many of these situations, the injured worker party can file a claim under Ohio’s Workers Compensation system. (SEE WORKPLACE INURIES) In some instances, however, a second claim can be made against the company that manufactured defective machinery or equipment that contributed to the injury. Also, the employer can be sued directly if it removed a safety guard. if the injured person is a bystander or a person passing by, a claim can be made against the contractor and/or the owner of the structure or premise. The Brown & Smaller law firm has handled many of these cases.
The lawyers at Brown & Szaller can provide experienced representation for individuals who have suffered personal injuries or for the estates of persons who have been killed as a result of a factory, construction or premise accidents. These accidents can be extremely serious, and may cause permanent disability, Often the medical bills are extremely large, and they are accompanied by long periods of disability and loss of the ability to earn a wage. Worker’s compensation may pay for the medical bills and even some of the lost wages. Workers compensation often does not adequately compensate an injured worker for the injuries resulting from these serious accidents.
Brown and Szaller Attorneys have handled numerous serious injury and death cases of this type to successful conclusions. Call now. 216 228 7200
- What are examples of factory, construction and premise accidents?+
These injuries or wrongful death take many forms. The following list is just a sample of the types of injuries for which Brown & Szaller can help:
Highway construction accident
Toxic chemical exposure
Anchor bolt failure
Nail gun accidents
safety code violations
dangerous slippery conditions
Improper site design or inspection
Motor vehicle accidents
Injuries from falling materials
Worn or defective rope or cable
Burns from electrical accidents
Falls through unprotected holes
Material lift injuries
Injuries resulting from construction debris on stairs or in work areas
Electrocution and electrical accidents
Defective power tools
Ceiling or wall tile failures
Injuries from unguarded trenches or platforms
Elevator and material lift accidents
Injuries from dust and fumes
Improperly stored materials
Heavy equipment failure
Falls from unprotected roofs
Dropped loads from trucks or cranes
- What Duties are Owed by an employer to keep the factory orconstruction site safe for its employees and frequenters?+
Ohio law imposes on all employers a duty to furnish a place of employment which is safe for the employees and frequenters working there, to furnish safety devices and safeguards as appropriate to the work environment, and to adopt methods and processes and limit working hours to what is reasonable so as to make the place of employment safe for employees. This duty applies to all construction sites. The stated purpose of this law is to protect the life, health, safety and welfare of employees.
- What are the duties of a business or homeowner?+
The business owes the duty to keep the premises in a reasonably safe condition. If the business created the defect or dangerous condition, notice is irrelevant. If someone else created the dangerous condition, such a a customer, the business must have notice and an opportunity to cure.
A homeowner also owes a duty of reasonable care to its invitees.
- What if you are injured or a loved is killed at a factory, construction site or premise?+
Call Brown and Szaller at 216 228 7200 to determine if another person or entity caused or contributed to the injury or death by carelessness or a preventable defect. Obtain prompt medical attention. If the injury is serious, call 911. If an ambulance is not necessary, it still may be wise to go to the emergency room that same day or at least see your family doctor as soon as possible to document and promptly treat your injuries and establish a relationship to the accident.
A critical aspect of any case where an injury has occurred is the investigation of the circumstances surrounding the injury and the preservation of evidence. The investigation typically involves an examination of the scene of the injury while the evidence, such as the location or condition of machinery or equipment involved, is still fresh. In the case of a construction accident, it is often necessary to notify the contractor and owner of their obligation to preserve evidence or even obtain a court order to ensure that relevant evidence is preserved.
Sometimes, governmental investigators are involved as well. Where that is the case, it is important to contact and establish a relationship with those investigators as soon as practical.
Finally, identifying witnesses, securing their cooperation, and obtaining their statements as to what they saw or heard, as well as background information about the employer and the workplace, should also be done as soon as possible.
Because of the importance of a quick assessment of the surrounding facts, an investigation of the circumstances of the injury, and preservation of relevant evidence, you should consider retaining a qualified attorney experienced in working with personal injuries of all sorts and knowledgeable about investigations of construction injury situations. Through its experience in working with experts in numerous medical specialties as well as accident reconstruction, defective machinery, and a host of other areas, Brown & Szaller can bring tremendous expertise to bear and obtain for you the recompense that you deserve
- Should I Contact a Lawyer if I am seriously Injured in a factory, construction site or premise accident?+
Seek legal assistance from a lawyer with experience in these types of injury or death accidents as soon as possible after the accident. We will need to obtain witness statements and gather a variety of information that is necessary to facilitate your case. The earlier you contact us, the greater your chance of obtaining a strong recovery. With adequate time, we can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.
We know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in these cases. Brown & Szaller law firm will meet with you, listen to what you have to say, explain your legal options, gather the critical facts the facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action.
The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation, we will gladly discuss the facts of the case and your options and together determine the viability of your case with no up-front charge.
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