Most construction projects in the Chicago, Illinois area engage the services of general contractors and subcontractors. Their jobs are to put together the safe and proper materials to make the construction site safe for workers and others. When construction contractors and subcontractors choose not to assemble the correct building structures and materials, they may be subject to financial loss because of injuries caused to workers and others.
In Illinois, construction related injuries were often analyzed under the former Illinois Structural Work Act which was repealed in 1995. Without the statute, Illinois abides by common law and negligence principles including those found in the Restatement (Second) of Torts. Under current Illinois law, an injured party in a construction negligence case must prove that there was a duty owed to the injured party by the defendants who are general contractors, subcontractors, architects, designers and owners. Under the Restatement (Second) of Torts, the exceptions to the general rule of general contractors not being liable for actions of independent contractors is such that an employer of an independent contractor can be subject to liability for the contractor’s negligence if the employer retains control over the details of the contractor’s work. In some construction cases, the design consultant can be held liable as well as general contractors and subcontractors for negligence.
In construction negligence cases generally, the plaintiff must be able to prove the existence of a duty that a defendant owed to an injured party. Usually if there is a duty, it is a reasonable care duty. In short, it is a duty of reasonable care that owners, general contractors, subcontractors, design consultants and architects must provide to the workers at the construction site. Sometimes references to rules are important. For example, the construction work should be done in compliance with OSHA. Some companies have their own safety policies that should be followed as well.
If you or someone you know have been injured or died as a result of a construction negligence accident, please call us for a free immediate consultation. Robert Kreisman of Kreisman Law Offices has been handling Chicago and Illinois construction accidents for more than 40 years.
Kreisman Law Offices has prevailed in trials and settlements in Chicago, Illinois and surrounding areas and successfully resolved cases for severely injured clients for over these many years.
With our years of experience in trying and settling construction accident cases, Kreisman Law Offices provides the best possible services to our clients and have achieved unsurpassed results. Our service is unmatched. Please call us 24 hours a day at 312.346.0045 or toll free 800.583.8002 for a free and immediate consultation, or complete a contact form online. There is no charge for a consultation that will include an evaluation of your case, assessment of your damages such as lost income, lost wages, medical and hospital bills, past and future pain and suffering, loss of normal life and wrongful death.