Construction Site Accidents

• Author: Larry Booth/Roger Booth
• Pages: 231-284

7-1 (Rev. 2, 11/13)

Chapter 7

CONSTRUCTION SITE

ACCIDENTS

I. ELEMENTS OF CAUSE OF ACTION AND DEFENSES

A. Theories of Liability

§7:01 Typical Parties and Scenarios

§7:02 Vicarious Liability of Property Owner and General Contractor

§7:03 Liability of Property Owner and General Contractor for Independent Negligence

§7:04 Independent Negligence: Successful Theories and Fact Patterns

§7:05 The Blame Game Between Contractors

§7:06 Violation of Safety Statutes and OSHA Regulations

B. Defenses and Defense Strategies

§7:20 In General

§7:21 Plaintiff’s Comparative Negligence

§7:22 Comparative Negligence of Employer and Fellow Employees

§7:23 Borrowed Worker or Special Employer

C. Workers’ Compensation Liens

§7:30 Impact of Workers’ Compensation Liens

§7:31 Keeping the Lien Out

II. INTERVIEW AND INVESTIGATION

§7:40 Form: Client Interview Questionnaire; Construction Site Accident

§7:41 Investigation Checklists

§7:42 Role of the Superintendent and the Project Manager

§7:43 Getting to Superintendent Early

§7:44 Getting to Fellow Employees Early

§7:45 The Critical Need for Early Photographs and Securing Evidence

§7:46 Case Evaluation Checklist—Accept or Reject?

Personal Injury Handbook 7-2

III. PLEADINGS

§7:50 Form: Complaint for Negligence and Loss of Consortium in Construction Case

§7:51 Form: Answer to Complaint for Negligence and Loss of Consortium in

Construction Case

§7:52 Form: Cross-Complaint Construction Accident Case

IV. PLAINTIFF’S WRITTEN DISCOVERY

§7:60 Form: Plaintiff’s Interrogatories to Defendant; Construction Accident

§7:61 Form: Plaintiff’s Requests for Production of Documents; Construction Accident

V. RESPONDING TO DEFENDANT’S DISCOVERY

§7:70 Tips for Answering Defense Interrogatories

§7:71 Form: Defendant’s Interrogatories to Plaintiff and Plaintiff’s Answers; Construction

Accident

§7:72 Form: Defendant General Contractor’s Request for Admissions to Plaintiff and

Plaintiff’s Answers

§7:73 Form: Defendant Premises Owner’s Requests for Admissions; Construction Accident

§7:74 Form: Defendant’s Requests for Production of Documents and Plaintiff’s Answers;

Construction Accident

§7:75 Tips for Avoiding Law and Motion Fights

VI. DEPOSITION CHECKLISTS

§7:80 Whom to Depose

§7:81 Checklist for Deposition of General Contractor’s Superintendent or Owner’s Project

Manager

§7:82 Checklist for Deposition of Employer’s Foreman or Superintendent

§7:83 Checklist for Deposition of Fellow Employees and Other Workers on the Job

§7:84 Checklist for Deposition of Defense Safety Expert

VII. SETTLEMENT STRATEGIES

§7:90 No Imminent Trial Date—No Settlement

§7:91 Preparing Client for Settlement Discussions and Mediation

VIII. DEFENSE MOTION FOR SUMMARY JUDGMENT

§7:100 Combating the Inevitable Defense Motion for Summary Judgment

§7:101 Form: Plaintiff’s Opposition to Motion for Summary Judgment and Supporting

Declaration: Retained Control

§7:102 Form: Memorandum in Opposition to Defendant’s Motion for Summary Judgment:

Special Employee

IX. MEDIATION

§7:110 Choosing a Mediator

§7:111 Mediation Brief

§7:112 Use of Blow-ups, Videos and Show and Tell at Mediations

§7:113 Be Prepared for Multiple Sessions

7-3 Construction Site Accidents

(Rev. 2, 11/13)

X. TRIAL PREPARATION

A. Getting Organized

§7:120 Checklist for Reorganizing File

§7:121 Checklist for Redoing Page and Line Summaries of Depositions

§7:122 Preparation of Displays

§7:123 Investigator Assistance With Witnesses and Exhibits

§7:124 Order of Witnesses

§7:125 Should the Plaintiff Be There and If So, When?

B. Trial Briefs

§7:130 Tips for Trial Briefs

§7:131 Form: Plaintiff’s Special Trial Brief Re: Negligence Per Se; Construction Accident

§7:132 Form: Special Trial Brief Re: Admissibility of OSHA Regulations

§7:133 Form: Plaintiff’s Motion in Limine Brief to Preclude Argument That Law Prohibits

Liability and Proposed Order; Construction Accident

C. Opening Statement and Closing Argument

§7:140 Preparing Opening Statements

§7:141 Tips for Pre-Preparing Closing Argument

§7:142 Excerpts From Sample Closing Argument

D. Jury Selection

§7:150 Checklist for Selecting Construction Site Accident Jurors

§7:151 Form: Construction Site Accident Jury Questionnaire