Construction Site Negligence

Construction projects bring together many moving parts—people, heavy equipment, deadlines, and dangerous conditions. When contractors, supervisors, or property owners cut corners, the results can be disastrous. Construction site negligence happens when someone fails to take reasonable steps to ensure the safety of workers or others on or near the job site. If you were hurt because of unsafe conditions or careless behavior, a Miami construction accident lawyer can help you seek the compensation you need to move forward.

Negligence at a construction site means that a person or company had a legal duty to maintain a safe environment, failed to do so, and caused someone’s injury as a result. Florida law allows injured workers, visitors, and even passersby to bring claims against those whose careless actions contributed to their harm. The key to these cases is proving that the responsible party owed a duty of care, breached that duty, and caused damages.

Different types of negligence can occur depending on the nature of the work being performed and the parties involved. Below are several examples that highlight different theories of liability:

General contractors are responsible for overseeing the entire project, including ensuring safety rules are enforced. If a supervisor fails to monitor subcontractors, does not correct dangerous behavior, or ignores safety violations, they may be directly liable for injuries suffered.

Example: A site supervisor ignores repeated reports that workers are removing safety harnesses while working at height. When a worker falls and sustains serious injuries, the contractor may be held liable for negligent supervision.

Here, the theory of liability is that the supervisor breached their duty by failing to enforce basic safety standards after being made aware of the risk.

When construction sites border sidewalks, streets, or other public spaces, companies have a duty to secure the area against foreseeable risks. Barriers, warning signs, and pedestrian rerouting must be used to prevent harm.

Example: A construction company leaves unsecured materials stacked next to an open sidewalk, and a gust of wind sends metal sheets flying into passing pedestrians.

In this case, negligence stems from failure to reasonably secure dangerous materials, breaching a duty owed to the general public. A Miami construction accident lawyer could pursue claims based on premises liability principles extending to adjacent public spaces.

Sometimes, negligence arises when subcontractors improperly operate heavy machinery or tools without adequate training or certification.

Example: A subcontractor operating a backhoe swings the boom without checking the surroundings, striking a utility worker standing nearby.

The subcontractor and potentially their employer can be held liable for negligent operation of machinery, especially if proper training was not provided. Liability attaches to the failure to use reasonable care while operating dangerous equipment.

Contractors and construction firms have a duty to hire qualified workers and remove employees or others working on their behalf who pose safety risks. Failing to vet or discipline unsafe workers creates a foreseeable danger.

Example: A construction company hires a crane operator who was previously fired from multiple jobs due to reckless behavior. When the operator tips a crane, causing massive injuries, the company faces liability for negligent hiring and retention.

This type of negligence focuses on the company’s decision-making in employing individuals who were known—or should have been known—to be unsafe.

In some cases, negligence happens at the blueprint level. Poor construction planning that fails to account for load-bearing requirements, soil stability, or safe access points can cause accidents long before the project is complete.

Example: Engineers approve an excavation plan without assessing soil conditions, leading to a trench collapse that traps multiple workers.

Here, the liability arises from professional negligence in planning and design, making engineers, architects, or consulting firms responsible for injuries resulting from foreseeable design flaws.

Construction site negligence can take many forms, and identifying the right theory of liability is crucial to recovering maximum compensation. Whether the issue involves poor supervision, unsafe public conditions, faulty hiring practices, or negligent planning, an experienced legal team can build a case that holds the responsible parties accountable for your injuries.

Our Miami construction accident lawyers at Friedman Rodman Frank & Estrada can investigate the accident, gather evidence, work with construction safety experts, and zealously advocate for your financial recovery. With our right help, we can seek damages on your behalf for medical bills, lost income, long-term disability, and pain and suffering.

Friedman Rodman Frank & Estrada, P.A. has represented injured workers and those on construction sites across South Florida since 1976. Contact the firm today to schedule your free consultation and take the first step toward rebuilding your future. To learn more and to schedule a free consultation today, give us a call at (877) 448-8585 or through our secure online form. We are not paid unless and until a financial recovery is secured for you.