CONSTRUCTION ACCIDENT RELATED INJURY

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Deadly Construction Accident in Tulsa

Industry > Construction Accident

August 20, 2010

Construction Accident

Tulsa, OK - Noe Mendoza, an Oklahoma City resident and construction worker for Plains Bridge Contracting of Oklahoma, died in a construction accident Monday, August 16 around 9:30 a.m. According to the local fire department he was hit by an open-bowl scraper, a type of giant earthmover that can weigh up to 126,000 pounds when fully loaded, where he worked on the extension for the Gilcrease Expressway west of Osage Drive. Investigators speculate that the machine lost power, causing it to roll down the hill and run over Mendoza before he noticed it heading for him.

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Construction Accident Overviews

Construction Accidents: An Overview

Construction workers constantly face some of the most dangerous working conditions, no matter whether on a small project for an individual homeowner, or for a major commercial development. As a result, serious work-related injuries at construction sites occur with an unfortunate frequency.

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Construction Manager's Liability for Worker Injuries

Construction managers are relative newcomers to the construction industry. Construction managers may be persons who have gained experience as design professionals or as contractors. Under their contracts, construction managers often perform services for the owner that resemble the duties undertaken by a ''supervising architect,'' as that term was used decades ago, or the coordination duties of a general contractor. The latter is especially prevalent when an owner desires to use prime contractors rather than the traditional general contractor/subcontractor system.

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Owner's Liability for Workers' Injuries in Construction Accidents

Like the architect, the owner of the property on which construction takes place is rarely protected by worker's compensation statutes from an injured worker's negligence suit for a construction accident. Most courts have refused to impose liability upon property owners without a finding of fault. Accordingly, a determination of liability generally rests on resolution of the following issues: (1) the legal relationship between the owner and the injured worker's employer; (2) whether the owner had a duty to the worker as to the event which caused the injury; and (3) whether the owner breached that duty by falling below the standard of care, and, if so, whether the owner has any defenses which may reduce or eliminate liability. These issues are resolved in light of governing statutes, the common law, and the particular contractual relationship between the owner and the contractor or architect.

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