The Parties and Statute of Limitations
Understanding who can file a construction site liability case, who to file it against, and the time frame for doing so will be an important step in seeking justice for your injuries. While the attorneys at the Sinas Dramis Law Firm will assist you in making these decisions, the information below will give you an idea of what to expect.
The appropriate Plaintiff is any individual who has suffered a physical injury on a construction site as a result of negligence or an intentional act or condition associated with the construction site. If the victim was killed in the accident, or later died as a result of his or her injuries, family members of the injured person, including spouses or children, may bring suit for the loss of services they sustained as a result of the victim’s death.
In construction site liability cases in which a motorist or pedestrian is injured, the appropriate Defendant is the contractor or entity which had control over the workplace at the time of the accident, as well as any contractor or entity which may have contributed to the hazardous condition which caused the injury. In some cases, governmental agencies, such as a local, county, or state Department of Transportation, may also be included as a Defendant, if such agency was involved in the planning, preparation for, or execution of the construction project.
If the Plaintiff is a construction worker who was injured while working on the job site, the appropriate Defendant will often be a contractor or employer of workers other than the construction company or employer for which the Plaintiff worked.
Statute of Limitations
As with other negligence cases, a Plaintiff who wishes to recover for personal injuries sustained at a construction site must file his or her claim within three years of the date of the injury. MCL 600.5805(10). Additionally, the law may provide for a longer period of time in which to file if the injured individual dies as a result of the injuries sustained. MCL 600.5852.
There are also tolling exceptions available if the injured individual is a minor or suffers from mental insanity or is a minor at the time of the injury. MCL 600.5851(1).