Negligence and Scaffolding Accidents: Proving Fault and Winning Your Case

Each year, scaffolding accidents lead to approximately 4,500 injuries and 60 deaths in the United States. These accidents not only cause immense suffering for victims and their families but also result in significant financial losses for employers, totaling nearly $90 million in lost workdays annually. When a scaffolding accident occurs, determining who is at fault is crucial for securing the compensation needed to cover medical expenses, lost wages, and other damages. This blog post will delve into the complexities of proving negligence in scaffolding accidents and provide guidance on how to build a strong case.

Understanding Negligence

In legal terms, negligence is the failure to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. In the context of scaffolding accidents, negligence can arise from various sources, including:

Failure to provide a safe working environment: Employers have a legal duty to provide their employees with a safe workplace, which includes ensuring that scaffolding is properly erected, maintained, and inspected.
Defective equipment: Manufacturers and suppliers of scaffolding equipment can be held liable if their products are defective and cause an accident.
Inadequate training: Employers must provide workers with adequate training on how to safely use scaffolding and recognize potential hazards.
Lack of supervision: Site supervisors have a responsibility to ensure that workers follow safety procedures and adhere to regulations.

To successfully pursue a claim of negligence, the injured party (plaintiff) must prove the following elements:

Duty of Care: The defendant (the party being sued) owed a duty of care to the plaintiff.
Breach of Duty: The defendant breached that duty by acting negligently.
Causation: The defendant’s negligence directly caused the plaintiff’s injuries.
Damages: The plaintiff suffered damages as a result of their injuries, such as medical expenses, lost wages, and pain and suffering.

Common Causes of Scaffolding Accidents and How They Relate to Negligence

Understanding the common causes of scaffolding accidents is essential for identifying potential acts of negligence. According to a recent study by the Bureau of Labor Statistics (BLS), over 70% of scaffolding accidents are attributed to:

Scaffold support or planking giving way: This can be due to defective equipment, improper assembly, or overloading. If a scaffold collapses because it was not properly constructed or maintained, the responsible parties may be found negligent.
Slips and trips: Slippery surfaces, unsafe inclines, and insufficient planking can lead to falls. Employers have a duty to ensure that scaffolding is free from hazards that could cause slips and trips.
Falling objects: Tools, materials, or debris falling from scaffolding can strike workers below. Employers must implement measures to prevent objects from falling, such as toe boards and nets.

Other common causes of scaffolding accidents include:

Electrocution: Scaffolding and equipment that are too close to power lines can create a risk of electrocution. Employers must ensure that scaffolding is erected at a safe distance from electrical hazards.
Environmental conditions: Wind, rain, and hazardous substances can make scaffolding unsafe. Employers must take precautions to protect workers from these environmental hazards.
Inadequate fall protection: Guardrails, safety harnesses, and personal fall arrest systems are essential for preventing falls from scaffolding. Employers must provide and ensure the use of appropriate fall protection equipment.

Proving Negligence in Scaffolding Accidents

Proving negligence in a scaffolding accident case requires gathering evidence and building a strong case. Here are some key steps to take:

Investigate the accident scene: Take photos and videos of the scaffolding, the surrounding area, and any equipment involved. Document any defects or hazards that may have contributed to the accident.
Gather witness statements: Talk to coworkers, supervisors, and other individuals who witnessed the accident. Obtain written statements from them as soon as possible.
Obtain accident reports and safety records: Request copies of any accident reports filed by the employer or OSHA. Also, obtain safety records, training manuals, and inspection reports related to the scaffolding.
Consult with experts: An experienced construction accident attorney can help you identify and consult with experts who can provide valuable testimony in your case. These experts may include:
- Scaffolding experts: These professionals can analyze the design, construction, and maintenance of the scaffolding to determine if it met safety standards.
- Safety experts: Safety experts can assess the employer’s safety protocols and training programs to determine if they were adequate.
- Medical experts: Medical experts can testify about the nature and extent of your injuries and the medical treatment you will require.
- Demonstrate a breach of duty: Present evidence that the defendant failed to meet their duty of care. This may involve showing that the scaffolding was not properly installed, maintained, or inspected, or that safety protocols were not followed.
- Establish causation: Prove that the defendant’s breach of duty directly caused your injuries. This may involve presenting medical records, expert testimony, and accident reports.
- Document your damages: Keep track of all medical expenses, lost wages, and other financial losses you have incurred as a result of the accident. Also, document the pain and suffering you have experienced.

The Role of OSHA Regulations

The Occupational Safety and Health Administration (OSHA) has established extensive and detailed safety rules regarding the assembly and use of scaffolds and the training and precautions workers need to take. These regulations cover various aspects of scaffolding safety, including:

Scaffold design and construction: OSHA sets standards for the materials, dimensions, and load-bearing capacity of scaffolding.
Fall protection: OSHA requires guardrails, safety harnesses, or personal fall arrest systems for workers on scaffolds that are 10 feet or more above a lower level.
Access: OSHA specifies safe means of access to scaffolding platforms, such as ladders and stair towers.
Training: OSHA requires employers to provide workers with training on scaffold hazards, safe work practices, and the proper use of fall protection equipment.
Inspections: OSHA mandates regular inspections of scaffolding by a competent person to identify and correct any hazards.

A violation of OSHA regulations can be strong evidence of negligence in a scaffolding accident case. If it can be shown that the defendant violated an OSHA regulation and that this violation caused your injuries, you may be able to recover compensation.

Who Can Be Held Liable?

In a scaffolding accident case, multiple parties may be held liable for your injuries. These parties may include:

Employers: Employers have a duty to provide their employees with a safe workplace and to comply with OSHA regulations.
General contractors: General contractors are responsible for overseeing the safety of the entire construction site.
Subcontractors: Subcontractors may be liable if their negligence contributed to the accident.
Property owners: Property owners may be liable if they failed to maintain the property in a safe condition.
Equipment manufacturers and suppliers: Manufacturers and suppliers of scaffolding equipment can be held liable if their products are defective.

Statute of Limitations

It is important to be aware of the statute of limitations for filing a personal injury lawsuit in your state. The statute of limitations is the time limit within which you must file a lawsuit, or you will lose your right to recover compensation. The statute of limitations for construction accidents varies by state, but it is typically between two and four years from the date of the accident. In New York, the statute of limitations for negligence claims, such as construction accidents, is three years from the date of the accident.

Conclusion

Scaffolding accidents can have devastating consequences, but with the right legal guidance, you can pursue the compensation you deserve. By understanding the elements of negligence, gathering evidence, and consulting with experts, you can build a strong case and hold the responsible parties accountable. If you or a loved one has been injured in a scaffolding accident, it is crucial to seek legal assistance from an experienced construction accident attorney as soon as possible.