What defenses might a third party raise against my construction site injury claim?

After an injury that occurs on a construction site, you may be left with staggering expenses. Medical bills, rehabilitation costs, and lost income can all lead to a significant financial strain. Workers may be entitled to a claim for workers’ compensation. In addition, if a third party was involved in your injury, you may have a third party personal injury claim that can potentially provide you with additional compensation.

Ten Potential Defenses That a Third Party May Raise After a Construction Site Injury

If you opt to pursue a third-party personal injury claim, it is important to be aware of the defenses that may be raised against you. These defenses may vary depending on the facts and circumstances surrounding your injury. The following are examples of such potential defenses:

  1. The third party did not owe you any duty.
  2. If the third party did owe you a duty, the duty was fulfilled properly.
  3. Whether you are actually injured is in question.
  4. The cause of your injury cannot be directly attributed to the third party’s actions.
  5. You are partially or fully responsible for your own injury.
  6. Your injury was caused by improper training.
  7. You were under the influence of drugs or alcohol at the time of the injury.
  8. You are pursuing a claim that is barred by the statute of limitations. A third-party claim must be brought within a certain period of time or it may be forever barred.
  9. You cannot prove that your injury occurred at the construction site.
  10. There is another party that is responsible for your injury.

Despite these potential defenses that may be raised against you, you may still have a strong case. It is important to consult with an experienced attorney before proceeding. We are happy to offer a complimentary case evaluation of your matter.