Wrongful Death Cases

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Frequently Asked Questions

Get answers to the most common liability case queries.

When can a company be liable for a completely missing warning?
A company can be liable if it fails to warn about a non-obvious danger that is not common knowledge and that a reasonable person would not expect. For instance, a household cleaner doesn’t need a warning that it’s bad to drink. But if that same cleaner produces a toxic gas when mixed with ammonia, that hidden danger requires a clear, explicit warning. The key is foreseeability—if the manufacturer knew or should have known about the risk, they have a duty to warn.
Who can be held responsible if a falling object injures a worker?
Multiple parties can share responsibility. The primary employer of the injured worker has a direct duty to provide a safe site. The general contractor overseeing the project is typically responsible for overall site safety. Subcontractors whose employees cause the incident can be liable. Additionally, property owners or equipment manufacturers may be responsible if faulty premises design, poor planning, or defective equipment (like a failed hoist) contributed to the object falling.
How do you prove a design was faulty?
You must demonstrate the design deviated from the accepted “standard of care” a competent professional would provide. Evidence includes the original flawed plans, expert testimony from another architect or engineer explaining the error, building code violations cited by inspectors, and documentation of the resulting damages (photos, repair estimates). The key is showing a direct link between the documented flaw in the plans and the specific problem that occurred, ruling out poor construction or material failure as the sole cause.
What are the most common types of falling object incidents on construction sites?
The most common incidents involve unsecured tools or materials dropped from heights, failure of debris chutes or netting, and materials being knocked loose by equipment or wind. This includes everything from lumber and drywall to nails, hand tools, and concrete fragments. These objects can fall from scaffolding, roofs, open floors, or during material hoisting. Even small items can cause serious injury due to the speed gained from falling, making proper securing and containment protocols critical on every job site.
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