Determining Liability in a Roof Fall Accident

Roof-related accidents are some of the most severe for victims. The victims may experience intense pain, broken bones and internal bleeding, as well as death. Even if the injuries are not severe, the internal damage can be devastating. Back pain could cause the loss of function in limbs.

Stress on the spine could later turn into temporarily or permanent paralysis. Slamming of the head onto any surface could be potentially life-changing with brain damage. When these incidents occur, it is vital to know if there is any action that may be taken to recover from the all-encompassing medical bills and therapy needed to become whole once again.

The use of a lawyer is usually best when someone has the need to determine if someone is liable for damages in a roof fall accident. Certain elements become vital in proving in most liability cases, and in order to conclude a case successfully for the victim, these particulars usually require legal representation for the discovering of evidence and related materials. When liability for the accident does involve another party, additional steps must be taken to attempt to seek compensation. It is imperative to document all medical processes, medication, staff involved and details relevant to the accident.

Suing After Falling from a Roof

When busy holidays occur, individuals are more active in repairs so that family and friends may reside within the residence without leaky roofs, debris from ceilings and similar concerns. This means that numerous professional and amateur roofing workers are on top of these homes attempting repairs. These repairs and restorations could include fixing siding, gutters, chimneys, tiles, siding, or even the roof itself. When the person is fixing these problems and falls off the roof, he or she may feel the need to sue the homeowner before anything else has been considered. However, liability in these events must be determined before any other stages proceed.

In these cases, the homeowner or the insured may be sued by the injured person. There are many possible parties involved if the injury is severe enough to warrant compensation. Before proceeding, certain factors need to be considered. This may be a case of negligence by the homeowner If the condition of the roof was potentially dangerous for the worker, the homeowner should have been aware of this before attempting a repair. Potentially dangerous conditions can be caused by termite infestations, soft spots, or electrical problems.

The Homeowner’s Involvement in Repairs

When the homeowner is actively involved in the repairs, he or she is exercising control in the event. This could determine if a suit against him or her is valid. However, this must be completed with caution as this could be the very reason the incident occurs. Controlling or assisting in the everyday activity of the contractor or employee could lead to a personal injury lawsuit by the worker. This controlled involvement places responsibility on the homeowner for the safety of the person repairing the roof. This is observed when a recommendation about a certain action is provided by the person that owns the home and the contractor falls or hurts himself or herself in the process.

Not exercising control of the event means that the homeowner steps away from the work and has no control over what occurs.
The assumption of the person is that the worker will correctly complete the job without incident. It is best to ensure the person hired has a license, insurance and credentials to complete the work without any additional complications. This often means that a non-professional (like a friend or neighbor) shouldn’t be working on the roof unless the homeowner takes responsibility for the possibility he or she may become injured. Verifying coverage of insurance is best when hiring a contractor. To provide better circumstances for the owner of the home, he or she should obtain signed releases from the workers so that liability for injures does not fall on his or her shoulders if they do occur.

Legal Assistance

It is best to get a lawyer if the homeowner is being held responsible for the accident. Even if the homeowner is the victim, it is best that you consult a lawyer to determine the best way forward. In many cases, someone else is responsible for paying for the damages. An attorney hired to protect the client’s rights and work to avoid financial problems to the fullest extent of his or her ability.

Updated on 12/14/2021