When a building collapses, either during or after construction or renovation, it might cause not only property damage but also severe injuries on people. In most cases, liability goes to the property owner, construction companies, architects, manufacturers of materials, or even subcontractors. If these parties failed to observe safe design and construction standards and procedures, they may be held liable.
If you or your loved one sustains injuries from a building collapse, you do not have to suffer in silence. You are eligible for compensation for your pain and suffering, damage to your property, and for medical expenses. Contact Ovadia Law Group and let us handle your case for the best compensation from the accident.
Legal Concepts to Understand in Construction Defect Cases
Contracts are part of the construction defect cases. Construction defects can lead to so many problems, including injuries to construction workers, injuries to tenants, and property damage that will cost so much money to repair. It can also injure future occupants of the building or even pedestrians and motorists passing by the building at the time of the accident.
Contracts
There are many contracts involved in a construction project. These contracts are traced to determine who is liable for the collapse. For starters, the property owner contracts an architect to design a new building or design renovations for a building.
When the design is ready, the architect contracts an engineer who reviews the design to ensure they meet the engineering principles. After the designs are approved by the engineer, the property owner contracts a contractor or a construction company to implement what the engineer approved on the plans.
The contractor then contracts several subcontractors who help them implement the plan. There may also be a contract between the contractor and manufacturer of different building materials. These contracts will indicate the party that will be liable for different types of defects. During the contract negotiations, the parties involved need to be keen on the terms of the contract. In most cases, the parties pass liability down the chain.
The owner wants the contractor to accept liability for defects while the contractor passes down liability to the subcontractors.
Indemnification
Another concept is indemnification. The passing down of liabilities has to be through indemnification. For instance, if a subcontractor indemnifies a contractor, it means that they guarantee that if the contractor is ever sued for structural defects, the subcontractor will be liable. As such, the subcontractor needs to carry an insurance policy that will cover the damage and injury from the defects in a building.
Regardless of who is liable, a lawyer will ensure you get compensation for any damages or injury. Our lawyers at Ovadia Law Group will position you in a way that you get the most compensation.
Causes of Structural Damages and Buildings Collapsing
Lawyers, through the help of other professionals, will investigate why a building collapses. There are so many reasons for structural failure, including:
- Weak Foundation – The foundation of a building determines its stability. Taller buildings need a deeper foundation with adequate preparation of the soil. If the foundation cannot support the weight of the structure, the structure may collapse.
- Excess Load – Contractors and subcontractors need to test for strength and load to ensure that a building can hold its own weight and that of the inhabitants. If a building holds more load than it was initially designed for, it may collapse.
- Construction Errors – When the contractor or the subcontractor tries to take a shortcut to save money and time, there may be errors that lead to a defect. It also happens when the contractor doesn’t adequately supervise the work. The weight of the machinery used to build can also cause damages on the structure.
- Poor Quality of Building Materials – If the contractor uses low quality of building materials, the materials may not adequately support the structure and the load. This may lead to damages on the structure, which can further lead to the building collapsing.
- Explosions or Fires from Defective Electrical and Gas Systems – If the gas and electrical systems are not done according to set standards, there may be defects that led to explosions. These explosions can damage a part of the building or even an entire building.
- Natural Disasters – Buildings are designed to withstand strong winds, storms, and other natural disasters. If any of these disasters cause a building to collapse, it means the design or the quality of the construction was not up to standards.
A professional will establish the cause of the building collapse and your lawyer will make a case based on that. You need to reach out to a lawyer after the accident for the best possible representation.
Who is Liable for a Building Collapse?
There are so many parties who may be held liable after a building collapses. Once it is established what caused the defect that led to the accident, the lawyer will look at the contracts to determine who is to blame. Some of the parties that may be liable include:
- Contractors/Construction Companies – A contractor that tries to take shortcuts during the building process, either by using poor quality of materials or overlooking some construction procedures and standards, may be liable.
- Manufacturers – If manufacturers supply defective or poor quality materials, the building might have defects and may collapse.
- Architects – If the original design of the building or renovation has flaws, the building will be unsafe and might eventually collapse. In such a case, the architect will be liable.
- Property Owners – In case of a renovation in a property that was not well maintained, the property owner might be liable. There may not be any construction defects, but the property owner neglects it to a point that it develops defects that finally leads to the building collapsing. Property owners are responsible for ensuring that their building is safe for the occupants and passersby during renovations.
Common Injuries After a Building Collapses
People inside or outside a building when it collapses can sustain severe injuries. The injuries can lead to hospitalizations, long term injuries and treatments, can request surgeries, and may prevent one from working for a long time.
Some of the common injuries from a building collapse include:
- Brain injuries
- Crush injuries, such as broken bones, bruising, bleeding, and compartment syndrome
- Suffocation
- Amputated limbs
- Spinal cord injuries and paralysis
- Death
An injury attorney can help you get compensation for the injuries you sustain after a building collapses.
Damages Compensated after a Building Collapses
You are entitled to compensation after an injury from a building that collapses. You get compensation for:
- Medical expenses
- Loss of earning potential
- Emotional suffering and stress
- Lost wages
- Pain and suffering
If you or your loved one sustains injuries from a collapse accident, you should pursue justice against the parties involved in the design and construction of the building. In case of a wrongful death, the injury attorney will recover compensation for funeral expenses, loss of support, and many more.
The Ovadia Law Group has helped injury victims recover millions of dollars. After a building collapses, the lawyer has to do a lot of investigation to identify who is liable. The lawyer works with experts and investigators who collect the needed evidence for the case.
With concrete evidence, the lawyer is able to argue a case in court to ensure you get the best compensation.
Contact Ovadia Law Group
Accidents can happen to anyone and at any time. If it happens, and you or your loved one sustains injuries, you do not have to suffer. You may have emotional distress or physical injuries that disrupt your life in one way or the other. The accident is a result of someone’s negligence, and they need to be held liable for their negligence.
The case can take a long time or can take a short time, depending on the situation that led to the accident. If the accident involves several victims, the case will be fast as lawyers can pool resources to get the evidence fast. This may take less than a month, and you have your compensation.
If you are the only complainant, the lawyer collects evidence over a period and then presents it to court for the judgement. The case will take as long as it takes to collect the evidence and as long as the judge plans, but you are sure to get justice at the end of it.
We advise that you contact an injury attorney from Ovadia Law Group as soon as possible. The attorney will get your compensation for the physical or emotional injuries and may also get compensation for property damage during the accident.
Compensations can run into millions of dollars, depending on the extent of the injuries. Our lawyer at Ovadia Law Group will place you in the best position so that you can get the most compensation. We work with you every step of the way and notify you of every step we take so that you are in the loop. Someone has to be liable, and we ensure we get that person for you and get you the compensation you deserve.
