Who is Liable for a Forklift Accident on a NY Construction Site?

Lever & Ecker, PLLC September 27, 2013 Construction Accidents

Construction is the most dangerous occupation in the industry, according to the Bureau of Labor Statistics. More work-related injuries and fatalities occur in the construction field than any other sector. Small projects at home to large commercial sites expose forklift operators to dangerous working conditions. Construction safety protocols, specifications and inspections are established to protect the employee, but sometimes, an accident still occurs because of the dangers and unique operations associated with operating a forklift. So, who is liable if a construction worker experiences forklift accident injuries or is killed while operating a forklift?

Liability depends on the size of the operation and the number of individuals involved in the overall project on the construction site, especially the owner of the work site. What determines liability is an evaluation of exposure each company or individual has in the operation and how they may have contributed to an unsafe work environment. Any company who fails to comply by OSHA standards, maintain the forklifts, or abide by an established safety protocol may be held liable in a forklift accident if an injury or death occurs. A construction accident attorney may evaluate all of the following individuals and companies to determine if their negligence contributed to the injury or death caused by a forklift accident.

Construction site owner
General contractors
Prime contractors
Architects and engineers
Insurance company
Manufacturer of the machinery and equipment used on the site and in the accident

Anyone who has been injured or suffered the loss of a loved one in a forklift incident can contact a NY construction accident attorney to discuss financial and emotional damages that occurred as a result of the accident.

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