Construction and Heavy Equipment Accidents
The Deadline to File a Construction or Heavy Equipment Accident Claim
The
deadline for filing most construction or heavy
equipment accident claims in
court in Hawaii is two (2) years from the date when the
victim was exposed to the danger AND the injuries resulted
therefrom.
It should be noted, however, that there are
exceptions to this rule- for example, claims
against the City and County of Honolulu and
the various other Counties must be filed with the appropriate agency
within six (6) months of the date of the accident.
Some statutes appear to indicate that there is
also a maximum limit of six (6) years from the date of the
alleged negligence in which to file a professional malpractice
claim against an architect, a structural engineer, etc.
You must file your claims in
court prior to the expiration of such deadlines, or your
claims may be lost—regardless of their merit.
To be wise it is recommended that you immediately contact an attorney
after an accident giving rise to injuries occurs- please do not
hesitate to :
Contact
Hawaii Personal Injury | Attorney now for a free evaluation of your case.
Construction
and Heavy Equipment Accident Claim
Information
A construction or heavy equipment accident claim may arise in a number of different
ways. One contractor may conduct its business in a dangerous
or negligent fashion giving rise to injuries to others-
such as a property owner or the employees of a different
contractor. (Under Hawaii law if the contractor's employees
themselves are injured, this would generally give rise to
a workers' compensation claim and not an independent construction
accident claim.) A property owner may fail to warn of dangerous
conditions on its property and this may cause an employee
of a contractor to be injured. A contractor may be using heavy
equipment or other equipment which is dangerous or defective and which causes
injury to a worker or to a propery owner.
Examples
of Construction Accident and Heavy Equipment Claims
Some examples of construction accident claims are:
- Dangerous
construction equipment having inadequate safety devices
or warnings
- Cave-ins,
sink holes, collapsing excavations, collapsing structures, etc. which should have been prevented
- Falls
due to failures to barricade or to warn
-
Falls due to inadequate equipment or operations
- A
property owner's failure to warn of known dangerous conditions
on the property
- Injuries
to the employees of one contractor caused by the dangerous activities
of a different contractor
Construction Safety and Construction Accident Links
Safety Training, OSHA
Compliance, Links
Safety Training for Construction Work, Cranes & Hoists, Asbestos, Lead, Back Injuries, Lifting, Bloodborne Pathogens, Chemicals, Confined Spaces and more.
Construction and Heavy Equipment Accident Investigations- an Insurer's perspective
Construction Accident Investigation- the seven stages
of a complete construction accident investigation
Ron Prichard, P.E. PhD. of Arcanum Professional Services provides
insight from an insurer's perspective into the
investigation and analysis of construction
accidents- including the seven stages of a complete construction
accident investigation: First Response; Gathering Information;
Release; Analysis and Synthesis; Report Compilation;
Communication; and Implementation.
Construction Accident Investigation- maximizing the
reliability of eyewitness testimony by
Ron Prichard, P.E. PhD. of Arcanum Professional Services provides
insight from an insurer's perspective into the three main sources of information for
the investigation and analysis of construction
accidents: (1) the physical attributes of the site,
(2) the project and event artifacts, and (3) eyewitness testimony- with an emphasis
on maximizing the reliability of eyewitness testimony.
