Construction Law, Personal Injury

Is Your Construction Site Title 8 Compliant?

by Thorsnes Bartolotta McGuire LLP on 5/21/2013

Construction provides many needed jobs in California and across the United States. Some economists view the level of construction as a key indicator of a vigorous state and national economy. So it’s important for the...more

Alabama Workers' Compensation Applies In Construction Zone Crash?

by Johnston, Moore & Thompson, Huntsville... on 5/17/2013

Construction zone accidents in Alabama happen more frequently than many people may believe. When a worker is injured or killed in one of these collisions, workers' compensation insurance benefits typically apply....more

Illinois Construction Site Accident Yields Unprecedented Award

by Hoffman DiMuzio on 5/9/2013

Ronald Bayer fell off an iron beam while working on the construction site of an Illinois warehouse in 2007 and landed head first on the concrete 20 feet below. He sustained severe injuries: paralysis from the chest down and...more

New Laws Regarding Construction Defects

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/9/2013

Have you been involved in an accident on a construction site in Hawaii? If so, a ruling from Hawaii’s Court of Appeals may be relevant. ...more

In Site Spring 2013

by Kevin Greene, Inga Hall, Jamie Olsen | K&L Gates LLP on 4/30/2013

Welcome to the Spring edition of In Site. This edition covers the following topics: - A brief overview of the “Jackson cost reforms” to civil litigation which came into force on 1 April 2013 - A note of the...more

When an On-the-Job Injury Requires an Injury Lawsuit

by Mitchell | Gilleon Law Firm on 4/25/2013

Steven Gorski unwittingly created a legal mess after he was injured on the job in 2006. The construction worker was on site at a construction project in Stockton, CA when a crane operator hit him, causing severe injuries. Mr....more

Indiana Court of Appeals Upholds $14.5 Million Defamation Verdict

by Pavlack Law, LLC on 4/13/2013

This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more

Florida Property Owners: Be Aware Of This Procedure Before Filing A Construction Defects Claim

by Alex Figares, Adam F. Haimo | Bilzin Sumberg Baena Price & Axelrod LLP on 4/5/2013

One of the most frustrating events for a residential homeowner, or a commercial property owner, is the day that they find construction defects on their property. From that time forward, the steps that are taken by the...more

Bulldozer Accidents & Other Construction Dangers

by The Rothenberg Law Firm LLP on 4/2/2013

Construction equipment accidents are a major concern in New York, as they impact the lives of construction workers, children and anyone else who has an encounter with these large machines. Equipment such as bulldozers can...more

Construction E-Note - March 28, 2013

by Edward Brown, Nancy Carey, C. William Daniels, Jr., James McCarten, Anton Mertens, Bruce Rawls, Anna Scully, Peter C. Vilmos | Burr & Forman on 3/29/2013

In This Issue: - The Emperor’s New Economic Loss Rule - The Architect's Role in the Construction Project - USCIS Introduces New Form I-9 - Considering Construction Delivery Methods on Public Works - The...more

Burr Alert: The Emperor’s New Economic Loss Rule

by Peter C. Vilmos | Burr & Forman on 3/28/2013

For years, litigating breach of contract cases in Florida meant having to struggle with the array of cases dealing with the Economic Loss Rule. In its simplest form, the Economic Loss Rule is a judicially created principle...more

Under Construction - March 2013: Colorado Court of Appeals Rules that Contractors May Be Liable for Dangerous Site Conditions...

by Scott C. Sandberg | Snell & Wilmer L.L.P. on 3/20/2013

In Collard v. Vista Paving Corp., the Colorado Court of Appeals adopted the “foreseeability rule” under which a contractor may have a duty of care for dangerous site conditions even after the contractor’s work was completed...more

Under Construction - March 2013

by Jason Ebe, Brett W. Johnson, Scott C. Sandberg, James J. Sienicki, Mary-Christine ("M.C.") Sungaila | Snell & Wilmer L.L.P. on 3/16/2013

In This Issue: - Letter From the Editor - Tips for Presenting, Analyzing and Resolving Delay and Impact Claims - The Ever-Shrinking Federal Budget: Preparing for Contract Cut-Backs - Colorado Court of...more

Escalating Penalties: Alberta OHS Convictions For 2012 – What Can Employers Expect For The Year Ahead?

by Lindsay Mullen | Dentons on 3/11/2013

A person who contravenes Alberta’s Occupational Health and Safety Act, Regulations or Code is liable, for a first offence, to a fine of not more than $500,000 or imprisonment for a term not exceeding 6 months and, for a...more

What Litigators Can Learn From Some of the Coolest Graphics in Construction

by Cogent Legal on 2/28/2013

The ability to make powerful, high-quality trial graphics was extremely limited by the software available in the early 1990s. I was reminded of how far we’ve come in the area of visualization and modeling when I recently had...more

New York “Fall from Heights” Law

by Law Offices of Nussin S. Fogel on 2/25/2013

In August, a construction worker at Three World Trade Center fell 15 feet to the ground while installing a steel beam, sustaining head injuries and breaking both his arms. In September, a bricklayer working on the façade of...more

Is Defective Construction an “Occurrence”? The Answer Isn’t So Concrete Construction Defect Coverage Quarterly

by Aaron Mandel, Stevi Raab | Sedgwick LLP on 2/8/2013

One of the largest issues litigated in today’s construction defect coverage actions is whether defective construction constitutes an “occurrence” (and therefore, may be covered) under liability insurance policies. Standard...more

Ladder Accidents and The New York Labor Law

by Law Offices of Nussin S. Fogel on 2/6/2013

Every year, more than 164,000 Americans are treated in emergency rooms for ladder-related injuries. Most ladder injuries occur among workmen in the construction industry, with falls from heights accounting for 15% of all...more

Weekly Law Resume - January 31, 2013: Construction Defects Premised on Negligent Design Theory

by Joseph Fenech | Low, Ball & Lynch on 2/4/2013

Beacon Residential Community Association v. Skidmore, Owings & Merrill, LLP Court of Appeal, First District (December 13, 2012) The First Appellate District reversed a judgment in favor of design professionals and...more

On the Horizon for 2013: Pennsylvania Courts Struggle with Insurance Coverage for Construction Defect Claims

by Douglas Cameron, Jay Levin, Traci Rea | Reed Smith on 1/31/2013

In 2012, Judge Wettick of the Allegheny County Court of Common Pleas issued two decisions that have the potential to significantly limit the insurance coverage available to Pennsylvania contractors and construction companies...more

How to Effectively Use Surveillance Video in Tort Cases

by Cogent Legal on 1/23/2013

One of the things that has changed the most since I started practicing law two decades ago is the prevalence of surveillance video in tort cases. Given its influence on litigation, it’s important for both plaintiffs and...more

Homeowners May Sue Design Professionals For Construction Defects

by Jon E. Goetz | Kronick, Moskovitz, Tiedemann & Girard on 1/22/2013

In Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal found that a homeowners association could seek damages...more

Even After Work is Completed and Accepted by the Project Owner, Contractors Have an Ongoing Duty to Maintain Construction Site...

by Jonathan Allen | Snell & Wilmer L.L.P. on 1/17/2013

On November 21, 2012, the Colorado Court of Appeals issued a decision with potentially far-reaching implications. In Collard v. Vista Paving Corp., 2012 COA 208 (2012), the court concluded that contractors have a duty to warn...more

Indemnity Agreement's Scope Included Contractual Liabilities To Third Parties

by David Johnson | Winstead PC on 1/15/2013

A court of appeals recently held that an indemnity agreement between an operator and a contractor placed the burden on the contractor to indemnify the operator for the operator's third-party indemnity obligations that arose...more

Insurance Coverage: January 2013

by Low, Ball & Lynch on 1/11/2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

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Construction Law › Personal Injury