Scaffolding Collapse on Construction Site: Negligence and Liability

The sight of scaffolding is commonplace on construction sites, a temporary structure that enables workers to reach great heights. However, these structures can pose significant risks. When scaffolding collapses, the consequences can be devastating, leading to severe injuries or even fatalities. According to the Bureau of Labor Statistics (BLS), scaffolds and staging accounted for 119 deaths or 14% of fatal falls between 2003 and 2013. Understanding the causes of scaffolding collapses, the potential for negligence, and the resulting liabilities is crucial for ensuring construction site safety and pursuing justice for victims.

Common Causes of Scaffolding Collapse

Scaffolding collapses are often preventable, stemming from a variety of factors that compromise the structure’s integrity. Identifying these causes is the first step in preventing future accidents. Some of the most common causes include:

Improper Construction: Scaffolding that is assembled incorrectly, missing essential parts, or not correctly secured is a primary cause of accidents. Just one out-of-place bolt can compromise the structure.
Inadequate Surface Preparation and Anchoring: Problems with the ground upon which the scaffold sits, including irregularities that could cause an imbalance, and inadequate anchoring for footings to prevent it from moving.
Overloading: Scaffolding must support the weight of both workers and materials. Overloading the scaffolding beyond its maximum capacity can lead to collapse. Employers should ensure that employees are fully aware of the maximum capacity and weight that the scaffolding may withstand.
Defective Design or Materials: The scaffold’s design could be inherently defective and unable to bear the weight it was constructed to hold. The scaffold may be built with faulty parts. If the piping or planks were defectively manufactured, they can be properly erected but collapse due to subpar materials.
Lack of Maintenance: Over time, the structural integrity of the scaffold can begin to be compromised. The planks, frames, nails, and more can weaken. Without proper maintenance, scaffolding can become vulnerable to a collapse.
Weather-Related Hazards: Wind and rain can be dangerous. When it’s raining, the metal parts of the scaffolding can become very slippery and make it difficult for workers to keep their footing. Windy conditions, meanwhile, can cause loose objects and pieces of equipment to fall from elevated positions.
Lack of Training: All the scaffold safety precautions will mean little if workers are not aware of how to keep them and those around them safe. Training should cover working from a height and the prevention of falling objects, as well as encouraging workers to report any problems they encounter so they can continue to work in a safe environment.
Electrical Hazards: Metal is an electrical conductor, so electrocution is always a risk, especially when the site is wet.

Negligence and Liability in Scaffolding Accidents

Negligence plays a significant role in many scaffolding collapses. It refers to a failure to exercise the care that a reasonably prudent person would exercise under similar circumstances. In the context of scaffolding accidents, negligence can manifest in various ways:

Failure to comply with OSHA standards: The Occupational Safety and Health Administration (OSHA) sets forth specific requirements for scaffolding safety, including proper construction, maintenance, and training. A failure to adhere to these standards can be considered negligence.
Inadequate training: Employers have a duty to provide adequate training to workers on how to safely erect, use, and dismantle scaffolding. Failure to do so can lead to accidents.
Defective equipment: If a scaffolding collapse is caused by defective materials or equipment, the manufacturer or supplier may be held liable for negligence.
Lack of supervision: A lack of proper supervision can result in unsafe practices and increase the risk of accidents.

Determining liability in a scaffolding collapse case can be complex, as multiple parties may share responsibility. Potentially liable parties include:

Employers: Employers have a legal duty to ensure a safe working environment, including proper scaffolding installation, maintenance, and inspections. If an employer fails in meeting safety standards or providing adequate training, they may be held liable.
Property Owners: The owner may be held liable if they failed to maintain a safe environment, leading to the collapse.
Contractors and Subcontractors: Those responsible for the construction project may also be liable if they were negligent in supervising, planning, or executing the project, leading to unsafe scaffolding.
Scaffolding Companies: Companies providing or erecting scaffolding must ensure its safety and compliance with regulations. If their negligence contributes to the accident, they may share liability.
Manufacturers: It is possible that the scaffolding equipment itself was defective. If these defects are found to be the cause of the accident, it is possible that the manufacturer of the equipment could be held liable for supplying a faulty product.
Engineers and Architects: Poor building design by architects or engineers

Legal Options and Compensation for Victims

Victims of scaffolding collapses have legal options to pursue compensation for their injuries and losses. These options may include:

Workers’ Compensation: Construction workers injured on the job are typically eligible for workers’ compensation benefits, regardless of fault. These benefits can cover medical expenses, lost wages, and disability payments.
Personal Injury Lawsuits: In some cases, injured workers or bystanders may be able to file a personal injury lawsuit against a negligent third party, such as a contractor, subcontractor, property owner, or equipment manufacturer.
Third-Party Claims: A third-party claim is a type of personal injury claim based on negligence. If your scaffolding collapse injuries were caused by a negligent third party, you may have the right to sue them for your damages
Wrongful Death Claims: In tragic cases where a scaffolding accident leads to a fatality, the family members of the deceased may be entitled to claim compensation. These claims are known as fatal accident claims, and they seek to provide financial support to the surviving family members who have lost a loved one they were financially dependent upon due to an accident.

Compensation in scaffolding accident claims is designed to help victims recover and rebuild their lives after the accident. Damages that may be recovered include:

Medical Expenses: Costs for emergency treatment, surgeries, rehabilitation, and ongoing care related to the injuries.
Lost Wages: Compensation for wages lost due to the inability to work during recovery, as well as future estimated earnings due to permanent disabilities.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
Disability: Damages apply if injuries impair the ability to do tasks involved in construction work or prevent working at elevated heights again due to scaffold accident injuries.
Loss of Enjoyment of Life: Compensation for the diminished quality of life resulting from the injuries.
Punitive damages: In cases where OSHA scaffolding requirements were flagrantly ignored, these damages aim to dissuade knowing safety violations that led to serious harm.
Funeral and burial costs:
Loss of companionship, guidance, & support:
Loss of future earnings:

The Importance of Legal Representation

Navigating the legal complexities of a scaffolding collapse case can be challenging. An experienced construction accident attorney can provide invaluable assistance by:

Investigating the accident to determine the cause and identify all liable parties.
Gathering evidence to support your claim, including witness statements, accident reports, and expert testimony.
Negotiating with insurance companies to reach a fair settlement.
Filing a lawsuit and representing you in court if necessary.

Conclusion

Scaffolding collapses are a serious hazard on construction sites, often resulting from negligence and preventable causes. Understanding the potential liabilities and legal options available is crucial for protecting the rights of victims and promoting safer construction practices. If you or a loved one has been injured in a scaffolding collapse, seeking legal representation is essential to ensure you receive the compensation you deserve and hold the responsible parties accountable.