What is a General Contractor?
The general contractor is responsible for handling the construction site safety and responsibilities. Typically, the general contractor is responsible for the following:
- The construction job sites daily operations
- Vetting potential subcontractors
- Hiring subcontractors
- Vendor sourcing
- Drafting and management of the construction schedule
- Purchasing machinery and equipment
- Renting necessary construction equipment
- Sourcing materials
General contractors are responsible for ensuring their construction workers and subcontractors wear the necessary protective gear, have protective equipment, have the tools and machinery they need to get the job done safely, and take other steps to reduce and prevent the number of injuries that occur on the construction site.
How Can a General Contractor Be Negligent?
General contractors are held responsible when injuries and accidents occur on the construction site. They can be held accountable in a variety of situations. For example, suppose general contractors fail to ensure site safety, hire unskilled subcontractors, or fail to act with repeated safety violations. In that case, they may be held accountable for any injury victims’ damages.
Contractors will often delegate their responsibilities to their subcontractors, but that does not mean they can pass off their obligation to safety and the construction site. For the general contractor on the construction site in your case to be held accountable, your NYC construction accident attorney will need to show that the elements of negligence have been met as follows:
- The general contractor owed you a duty of care to protect your safety
- The general contractor decided or failed to make a decision which made it impossible for them to uphold their duties and care
- The general contractor’s breach of this duty caused your injuries or damages
Other ways general contractors could be held accountable for construction accident injuries include:
- Negligently giving instructions to hired subcontractors
- The work was inherently dangerous
- The contractor failed to minimize risk to construction workers or subcontractors
- The contractor failed to vet potential subcontractors properly
Negligent Independent Contractor Liability
Negligent independent contractor liability arises when a self-employed individual, contracted to provide services or goods, acts negligently, leading to harm such as construction accident injuries. To establish negligence, it must be shown that the contractor had control over the work site, was aware or should have been aware of the site’s hazards, and their actions directly caused the victim’s damages.
Liability can extend to the hiring company if they exert control over the contractor’s work, chose an unskilled contractor, or if the contractor’s work is inherently risky. Previously, companies were not held liable for independent contractors’ negligence, but recent trends see companies assuming this risk, allowing them to be sued for contractors’ negligent actions.
Negligent Subcontractor Liability
In New York City’s construction industry, negligent subcontractors increase the risk of on-site injuries. These subcontractors, independent from general contractors, are responsible for specific tasks but aren’t protected under employment laws, making their liability complex. If injuries occur due to their negligence, victims might pursue legal action not against the subcontractor, but the general contractor who hired them.
The general contractor may then seek damages from the subcontractor. Victims can seek compensation through workers’ compensation, insurance claims, or civil lawsuits against responsible parties. Subcontractors typically carry liability insurance, but pursuing claims against them can be challenging. An experienced NYC construction accident attorney can help victims prove liability, organize evidence, and maximize compensation in such cases.
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