Understanding Construction Accidents in Florida
Construction sites are among the most hazardous workplaces in Florida, with workers and bystanders facing serious risks daily. Accidents involving falls, heavy machinery, and equipment failures often lead to severe injuries or even fatalities. Injured workers may be eligible for compensation through workers’ compensation or personal injury claims, but navigating these legal processes can be challenging without the help of an experienced construction accident lawyer.
One of the leading causes of construction accidents is construction negligence. When companies or contractors fail to follow safety regulations, workers face increased risks of injury. It’s easy to take safe homes, businesses, and other structures for granted. However, if a construction company doesn’t adhere to building codes, performs faulty workmanship, or fails to follow basic safety standards on a worksite, serious injuries and even fatalities can occur.
Fortunately, if you’ve been impacted by a contractor’s negligence in some way, you have recourse. A construction accident attorney in Florida may be able to help you recover damages.
What Is Construction Negligence?
There are more types of construction negligence claims than many people realize. Here are some common examples:
Failure to Exercise Due Care During Construction
Contractors have a responsibility to take reasonable steps to protect both workers and the general public. If a worksite is improperly secured and a passerby is hurt by a falling tool or piece of scaffolding, the construction company may be liable for their injuries.
Errors in Design
Even if a construction company builds a structure to certain specifications, it can still be dangerous. If an architect or engineer designs a building that has serious flaws, it can cause issues down the line.
For example, if the foundation of your home is inappropriate for the surrounding soil, your house may experience flooding or even slide off the foundation.
Using the Wrong Building Materials
Some contractors try to cut corners when selecting building materials, and cheaper materials can be dangerous. For example, very thin metal framing for a large ceiling might cause the ceiling to sag or collapse.
Faulty Workmanship
Errors in the construction process itself can prove costly, inconvenient, and dangerous. If you hire someone to install plumbing and the new system immediately leaks, you may be able to seek damages from the contractor.
Code Violations
Florida building codes exist to protect the public, but some contractors deliberately fail to follow code because they’re trying to save money. For example, using the incorrect gauge of wire when installing electric circuits may lead to fires.
Duty of Care in Construction Projects
When construction professionals sign a contract, they have a duty of care to residential and commercial property owners and the general public. There are many players in the construction industry, and accordingly, there are many kinds of duties of care, including:
- Training workers properly
- Providing safety equipment to workers
- Using appropriate materials
- Maintaining a safe construction site
- Following building codes and relevant state and local laws
- Keeping equipment and tools in good working order
- Maintaining clear communication with all involved parties
Always do your research before hiring a given contractor. Some construction defects are unforeseeable, but in many cases, contractors who perform faulty work have done so before.
Types of Construction Defects
Broadly speaking, there are two categories of construction defects:
- Patent Defects: Immediately obvious flaws
- Latent Defects: Hidden issues that may take time to manifest
Patent defects can easily be spotted by someone with no experience in construction. They include:
- Leaks
- Cracks in walls or windows
- Sagging roofs
- Rotting woodwork during ongoing construction
- Non-level floors or cracks in flooring
- Faulty lights
The average person can’t immediately spot latent workmanship defects. They include problems like:
- Hidden mold growth
- Poor insulation
- Insufficient waterproofing
- Foundation issues that cause the structure to sink or slide
If your home or other construction project has serious material defects that the contractor won’t rectify immediately, an experienced attorney may be able to help you pursue compensation to cover repairs and related losses (like the cost of hiring someone to handle basement flooding).
Construction Site Injuries That May Lead to a Claim
Severe injuries that result in substantial financial burdens and extended recovery time often warrant legal action. A knowledgeable construction accident attorney can help navigate Florida’s workers’ compensation laws and premises liability regulations, which apply to accidents occurring on someone else’s property. Common construction site injuries that may lead to workers compensation or personal injury lawsuits include:
- Deep cuts that may cause lasting scars
- Broken or fractured bones
- Limb amputations
- Head trauma, including traumatic brain injuries (TBI)
- Back injuries, such as herniated discs or fractured vertebrae
- Spinal cord damage that could lead to temporary or permanent paralysis
- Electrocution injuries, including burns and organ damage
Proving a Construction Negligence Claim
To have a successful construction defect claim or other construction negligence claim, you must be able to prove that a general contractor or other professional acted negligently. Courts establish construction negligence by looking at the following four elements:
The Contractor Had a Duty of Care
When construction professionals accept a job, they have a duty of care to maintain basic safety standards and perform work that’s up to code and doesn’t pose hazards.
It’s important to always have a clear construction contract before allowing someone to begin work. Without a contract, it becomes harder to prove that the contractor had a duty of care.
The Contractor Breached Their Duty of Care
Proving construction negligence also involves proving that the contractor violated their duty of care. Depending on the exact kind of defect, this element can be harder to establish. An attorney familiar with Florida construction laws will be able to advise you on the types of evidence to use. Common examples include:
- A copy of your original contract
- Copies of relevant building codes
- Home or commercial building inspection reports
- Expert witness testimony about the defects
- Photographs of the defects
Records of communications with general contractors may also be helpful. For instance, if you told the contractor about the defect and they acknowledged it but refused to do anything about it, that may help your case.
The Breach Caused Harm
In construction law, “harm” can mean property damage, personal injury, or both. You’ll need evidence of the harms you’ve suffered, their monetary costs, and the other impacts they’ve had on your life.
The Harm Was a Direct Result of the Contractor’s Actions
You (or your attorney) also must be able to demonstrate that contractor negligence directly caused the harm you’ve experienced. For example, if you were injured by a construction defect, your medical records and testimony from your doctors could help establish causation.
Understanding the Slavin Doctrine and Its Effect on Construction Negligence Claims
If you own a building where a contractor has been negligent when performing work, you may be eligible to file a construction negligence claim. However, Florida has a rule that dates back to the 1950s that limits your ability to sue a contractor for negligent work.
Under the Slavin doctrine, if a contractor performs obviously faulty work and you accept the complete project, you can’t later sue for damages.
For example, imagine you hire a company to build a small house. The floor is uneven, but you decide not to complain. A few years later, the slanted floor gets worse and starts to warp and crack.
In this case, you couldn’t hold the contractor responsible for repair costs and other damages because you knew about the problem and accepted the completed job anyway.
The Construction Negligence Claims Process
If you learn that a contractor you’ve hired has acted negligently, there are several steps you can take to make things right:
- Notify the Contractor: First, tell the contractor about the defect — a responsible construction professional will be willing to remedy it
- Talk to an Attorney: If the contractor doesn’t fix the problem, you should next speak to an experienced lawyer
- Gather Evidence: You and your lawyer can start piecing together the evidence needed to support your case
- File a Lawsuit: Once your lawyer has gathered enough evidence, they can file a lawsuit on your behalf
- Attempt to Settle: Your lawyer will try to negotiate a fair settlement for your case
- Proceed to Trial if Necessary: If both sides can’t agree on a settlement, the case must be decided in court
If your claim succeeds, you’ll receive an award of damages that reflects the extent of the losses you’ve incurred.
Statute of Limitations for Construction Negligence Claims
Florida recently made changes to its statute of limitations for construction lawsuits. You generally have four years to file lawsuits for patent defects and seven years (shortened from 10 years) to file claims for latent defects.
However, the law also changed when the clock starts running on the statute of limitations.
For patent defects, the statute of limitations begins when the work is completed, when the construction is abandoned, or when there’s a certificate of occupancy. However, for latent defects, the clock starts when you discover the problem or reasonably should have discovered it.
Construction Defect Lawsuits
If your attorney recommends pursuing legal action and you agree, they’ll file a lawsuit on your behalf. As part of this suit, they might seek two kinds of damages:
- Economic Damages: Compensation for monetary losses like the cost of repairs
- Non-Economic Damages: Compensation for intangible losses like distress and inconvenience
The construction professional or their insurer might agree to settle. If so, both sides will come to an agreement on the settlement amount. If they refuse to settle, however, your case will be decided at trial, where a jury will determine the damages to be awarded.
How a Construction Accident Lawyer Can Help Your Construction Negligence Lawsuit
Working with the right construction accident attorney in Florida can mean the difference between a successful claim and an unsuccessful one. Here’s how your attorney can help:
Determining Liability and the Nature of the Negligence
Construction accident lawyers are knowledgeable about construction law and can determine which codes and standards have been violated. They can also tell you whether the negligence falls on the design team, the contracting company, or both.
Finding Expert Witnesses
Construction accident lawyers maintain networks of experienced, reputable expert witnesses who can offer testimony to substantiate your claim.
Representing You in Court
In most contractor negligence cases, contractors are willing to settle to avoid the cost and publicity of going to court. However, if construction defect litigation becomes necessary, your attorney can argue your case in court.
Common Mistakes to Avoid in Construction Negligence Claims
Lawsuits involving construction defects aren’t always straightforward. To boost your chances of a positive outcome, avoid these common mistakes:
- Not taking photos or otherwise failing to document damage
- Not keeping records of repair costs, medical bills, and other expenses
- Not telling the contractor about the problem as soon as you notice it
- Not consulting a lawyer
- Not naming all parties involved in your lawsuit
- Waiting too long to file a claim
- Downplaying the severity of the negligence
The sooner you meet with a lawyer, the better. A seasoned legal professional can help you avoid many of these pitfalls.
Frequently Asked Questions
What Is Considered a Construction Defect in Florida?
A construction defect is a flaw in a construction project’s design or construction that causes problems with safety or value. Examples include faulty plumbing, overlooked building codes, and cracked or uneven foundations.
Who Pays for Construction Negligence?
In most cases, the party who acted carelessly is held financially responsible for construction negligence. They may be ordered to pay for work to be redone and to reimburse you for other costs related to the original defect.
What Kind of Lawyer Do I Need to Sue a Contractor in Florida?
You’ll need the services of a construction litigation lawyer. At Kennon Law, we’re deeply familiar with Florida construction law and frequently represent property owners dealing with negligent contractors.
What Types of Damages Can Be Recovered in a Construction Negligence Case?
You stand to recover either the cost of repairing defects or the difference between the value of the structure as it is and its value if the work had been done the right way. You also may be reimbursed for costs stemming from the defect, as well as non-economic damages like inconvenience and distress.
What Is the Statute of Limitations for Filing a Construction Negligence Lawsuit?
Generally speaking, you have four years to file a lawsuit. However, in the case of latent defects, you might have up to seven years.
How Does an Attorney Gather Evidence in a Construction Negligence Claim?
An attorney may collect photos of the evidence, secure expert witness testimony, and review your construction contract. They might include medical records and testimony from treating physicians if injuries are involved.
Can I Pursue a Construction Negligence Claim if the Damages Were Not Immediately Apparent?
Yes. You can also file a lawsuit for latent defects, or issues that take time to show up.
What Happens if the Construction Company or Contractor Refuses to Accept Responsibility for Negligence?
If the contractor doesn’t accept responsibility and take steps to fix the problem, you should talk to a construction negligence lawyer, who can file a lawsuit on your behalf.
What Should I Expect During the Consultation With a Construction Negligence Lawyer?
During the initial meeting, your prospective lawyer will discuss your case in detail and help you determine what steps to take next. They’ll also go over their fees and the legal process with you.
How Do I Prove Construction Negligence in My Claim?
You must prove that the contractor owed you a duty of care, that they breached that duty, that you suffered harm (injury or property damage) as a result, and that the contractor’s actions were the direct cause of that harm.
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