Recently, the 3rd Appellate Court of Appeals in Wisconsin made the decision that a subcontractor does not bear the responsibility for a construction site accident involving construction barricades placed by the subcontractor if those barricades are put up in accordance with instructions.
The case involved a woman who tripped over a leg of a barricade that had been placed around part of a concrete sidewalk while it was curing. The woman suffered two fractured wrist bones and chipped a third, resulting in surgery. She and her brother tried to sue the city of River Falls, where the tripping accident occurred, as well as the subcontractor hired by the city.
The decision stated that as long as the subcontractor follows the city’s instructions, they are covered by government immunity. The court recommended the decision for publication, indicating that should set a precedent in future cases.
According to the United States Occupational Safety and Health Administration (OSHA), subcontractors are responsible for their employees, including maintaining injury and illness logs, regardless of how many workers are employed by the subcontractor.
Source: Court rules construction site fall is not subcontractor’s responsibility, WisLawJournal.com, October 6, 2010
Contact the Boston personal injury lawyers at Altman & Altman for a free initial case evaluation if you have sustained injuries involving a negligent third party.