What if my employer denies knowing about a hazardous condition causing the construction accident?
If your employer denies knowing about a hazardous condition causing the construction accident, you may still have a claim. When dealing with construction accidents in Arkansas, the state follows a legal doctrine known as “comparative negligence.” This means that if someone other than you is determined to have had a degree of fault in causing the accident, your damages award can be reduced in proportion to the amount of fault assigned to the other party. In order to prove that your employer is to blame for the accident, you must first be able to show that they had knowledge of the hazardous condition. This may include any type of evidence that directly or circumstantially indicates that the employer was aware of the condition before the accident occurred. This could be records, safety documents, or witnesses who saw the hazard or heard a supervisor talk about it. It may also be necessary to prove that your employer had adequate time to address the hazard before the accident occurred. This means that you should be able to demonstrate that your employer had sufficient time to address the hazard, but failed to do so before the incident took place. If you are unable to prove your employer’s knowledge of the hazardous condition, you may be able to pursue a claim under a different legal theory such as the legal doctrines of “negligence,” “negligent hiring,” “negligent training,” or “strict liability.” If you have been injured in a construction accident in Arkansas, it is important to speak with an experienced construction accident attorney before you pursue any legal action. An attorney can help you identify the best legal theory and provide the evidence needed to prove that your employer is liable for your injuries.
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