Construction contractors, architects, and designers are responsible to apply a reasonable degree of skill expected of such professionals. They are required by the law to use their knowledge and skill in designing a living space that is safe for consumers.
In case of a construction defect, they are personally liable. In other words, they have to pay compensation to a person who has been injured due to a structure failure arising out of a construction defect.
Determining liability in case of injuries due to a construction defect is difficult since it doesn't involve the cut-and-dried contract laws. Instead, the cases are governed by legal terms such as strict liability and negligence. In this post, you will know what exactly is a construction defect claim. Also, you will learn about injuries that usually occur as a result of a construction defect and the possible legal remedies.
About Construction Defect Claims
A construction defect claim is filed in the court to collect damages for injuries due to an alleged defective construction, design, or oversight. The claim can be brought for many reasons. Some of the grounds of a construction defect claim include the following.
· Negligence to construct as per the plans and specifications
· Failure to follow safety rules and regulations
· Not taking action to check the structural integrity
· Not following building codes applicable in the area
· Using sub standard materials in the construction
· Fraud or Misrepresentation
Injuries that Occur Due to Construction Defects
A range of injuries occurs due to a construction defect. No matter the type of the defect, it usually results in serious injuries. Some of the injuries sustained due to a construction defect include the following.
· Traumatic Brain Injury (TBI)
· Broken bones
· Spinal cord injury
· Permanent disability
· Severe Burns
· Damage to internal organs
Injuries due to a construction defect are usually severe. Treatment of the injuries usually involves thousands of dollars. In some cases, the injured person dies due to the seriousness of the injury. This results in grave financial difficulties to the family member of the deceased person.
Justice demands that the person or a group responsible for the injury or death of a person compensate the victims. You should get the help of a trusted personal injury attorney if you get injured due to a construction defect. Only a seasoned attorney who has extensive experience regarding construction defects will know how to handle the nuances regarding the case.
Whether the injured person was a worker at the site, a building owner, or a visitor, personal injury attorneys can help in getting compensation from the guilty party. In the case of a family member of a deceased person, a wrongful death claim can be filed to get the required compensation. Our extensive experience and focus on personal injury law allow us to manage your claim with ease, regardless of the complexity or nuances in the circumstances.
Who is Liable in Construction Defect Cases?
Liability of a construction defect is usually assigned to the contractor or the engineers and architects. That's because the construction defect either occurs in the building process or the design phase. Generally, engineers and architects are responsible for a defect in the design. Contractors and subcontractors are responsible in failing to meet the design specifications during construction of the building.
The injured person may file a personal injury case against the guilty party. The compensation claim relates to loss of wages, medical bills and emotional pain and suffering due to the injury. When evaluating a personal injury case related to construction defects the jury considers the following.
· Negligence - Negligence refers to the failure to take reasonable care that is expected in the business. The jury will evaluate whether the defendants had acted according to the duty of care. The defendant is responsible in case of any negligence while construction of a building.
· Strict Liability - In certain jurisdictions including the state of Ohio, contractors are liable under the concept of strict liability. This means that the plaintiff does not have to prove negligent action of the defendant. Negligent action is implied due to the construction defect.
· Breach of Contract -The injured person or family of a deceased person can sue the contractor or builder based on the breach of contract. The builder is held to what is implied within the contract i.e. the structure is built taking reasonable care and professionalism. Not adhering to building codes or plans implies a break of contract for which the builder is held responsible.
· Fraud and Misrepresentation -If the developer misrepresented the construction quality using false advertisements, it is counted as a fraud. Misrepresentation arises when the contractor asserts that something is true, but there is no reasonable basis for the claim. Both fraud and misrepresentation can result in stiff penalties.
The statute of Limitation Regarding Construction Defect Cases
The statute of limitation prescribes the time limit when the injured person can file a case against defective construction.
According to the Ohio State Law ORC 2305.09(D), claims against professional negligence can be made four years after the discovery of the defect. This means that you cannot receive any compensation if you file a case of construction defect after four years after discovery.
The bottom line is that construction defect cases are complex. The rules and regulations regarding the cases are different as compared to other types of personal injury cases. If you have any questions and want to learn more about filing a claim for construction defects, you can contact Christopher Jackson Law.
Our attorneys have years of experience in handling personal injury cases efficiently and expeditiously. We understand that injury due to a construction defect can result in serious financial losses. We try to settle such disputes outside of the courtroom to minimize court expenses. However, if a resolution is not reached, we utilize our experience to litigate the case through trial and appeals.