Liability for construction site accidents, resulting in injury or death to workers is generally dependent upon the degree of control or participation in the management of each contractor and subcontractor.
The various parties concerned may include one, more, or all of the following: the owner of the project worksite, design and engineering professionals, contractors (including general contractors, “Prime Contractors and Subcontractors, construction managers, and materials and equipment suppliers, including rental equipment suppliers. The role of each may well be defined by specific terms of the contract documents, as well as the controlling facts of any given incident or accident, to indicate the degree of control and participation.
Both the general and sub-contractor must provide to workers a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. Typically, a general or sub-contractor is under a duty to ascertain that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that all such work is being performed safely. This duty extends to its hiring of reasonably competent employees, including loaned employees, and ensuring full compliance with safety regulations.
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