Scaffolding Failure Injuries
Scaffolding Failure Injuries
The Importance of Witness Testimony in Scaffolding Failure Cases
I’m Ed Smith, a Stockton Personal Injury Attorney. According to the United States Department of Labor, around 65 percent of the construction industry uses scaffolding. The safety of employees who are required to use scaffolding in order to perform their jobs depends largely on the scaffolding contractor’s ability to set it up correctly. Tragically, errors in scaffolding assembly cause thousands of construction-related injuries every year. Although victims can obtain compensation for their losses, it is often difficult to establish responsibility. In many cases, scaffolding may have been dismantled or fallen apart by the time the investigation takes place. This makes it extremely important for victims to retain the services of an experienced personal injury attorney who can ensure that witness testimony from other members of the work site is obtained prior to trial or settlement negotiations.
Necessary Witnesses
Scaffolding contractors are licensed to erect metal or wood scaffolding, including temporary sidewalk shelters. Typically, these types of contractors are responsible for the rental, assembly, and dismantling of the scaffolding as well as visiting the site and drafting detailed and specific plans. Once a contract has been entered, a project manager takes over coordinating the project and oversees the assembly, inspection, and dismantling of the scaffolding.
Scaffolding contractors often hire safety directors to manage the safety aspects related to the scaffolding on a particular site. These individuals are valuable witnesses who can provide helpful information about any evidence of negligence on the part of the scaffolding contractors, the general contractors, employers, or fellow employees. The physical installation, inspection, and dismantling of scaffolding is provided by a specific crew. These crew members can also provide valuable insight into whether the scaffolding was designed correctly and assembled according to the appropriate standards.
Safety Standards
Scaffolding set-up safety standards are determined by the state and can be used to establish a contractor’s duty of care. A company’s training materials and safety manuals can also be used as evidence of how the scaffolding should have been erected. While obtaining these items from the necessary parties, plaintiffs should also request copies of:
- All contracts for the assembly and dismantling of the scaffolding;
- All contracts between the landowner and general contractor;
- Any requests for modifications to the shoring or scaffolding;
- The contractor’s job file;
- Communications regarding the incident;
- Diagrams, drawings, and design plans;
- Photographs related to the work site;
- Daily logs, time-sheets, and progress reports;
- All written or recorded statements about the incident;
- Time and materials forms, invoices, and estimates; and
- Inspection documents.
Experienced Personal Injury Attorney Handling Scaffolding Failure Injuries
I’m Ed Smith, a Stockton Personal Injury Attorney. Compiling the necessary evidence is an important aspect of proving a negligence claim and can significantly impact the outcome of a case. If you’ve been injured in a Northern California scaffolding accident, please give me a call at (916) 921-6400 for free and friendly advice. Or, call me toll-free at (800) 404-5400.
I’ve been helping people recover compensation for their serious personal injuries and wrongful deaths for more than 34 years.
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