Personal Injuries From Home Construction Defects

Written by Posted On Tuesday, 19 December 2017 17:15

Many times there can be defects or mistakes that go by unnoticed during the hasty process of a home construction, and it can take months or even years for anyone to notice these kinds of defects at all. When someone is injured due to a defect in a home's construction it can feel like you have no options, but the truth of the matter is that there are so many people who took care of that construction like contractors and subcontractors who could be held liable for these kinds of personal injuries. 

When it comes to getting justice for these kinds of injuries, you should contact a phoenix personal injury lawyer to help get you your loved on the legal result they deserve, but of course it can be a lot easier said than done so it's important to know what you need to in order to fully understand the legal ramifications that are involved with home construction defects. 

Many times after a home's construction is complete an appraiser or inspector will come check out everything to make sure it's all in good shape, and depending on how noticeable the fault is these certain individuals can be held liable for not noticing a construction fault at a home. It's also important to understand that as a home goes through owners it changes, and when it changes due to these different types of ownership it can sometimes be hard to navigate when/where a fault in construction occurred. There is potential for a previous owner of a home to be held liable for these kinds of personal injuries as well. 

Let's take a specific example that actually happeneed in Grogan v. Uggla, which was when a person's house guest leaned up against their back deck's railing only to have the railing break off causing them to fall two stories on to a cement floor and seriously hurt themselves. Mr. Grogan was a guest at Mr. Uggla's home. Mr. Grogan sued both Mr. Uggla and an inspector named Mr. Black, who just so happened to have inspected the property just weeks prior to this personal injury accident. What's interesting about Mr. Black is that at the time of the purchase he noticed there was an abornmality with the deck's flooring, but didn't find any issues with the railing, which lead to the flooring being replaced and the railing remaining untouched. 

One of the biggest aspects of personal injury claims involving home construction defects is that a plaintiff must be able to prove that the defendant had a duty that was owed to them that was subsequently breached by means of the accident occuring. In the previous case, Mr. Black claimed that he didn't have any duty to Mr. Grogan in terms of protecting him from his injuries because his duty was solely to the homeowner and inspecting the safety of the home, and the Appeals Court agreed with Mr. Black. 

Although this case may be a little discouraging to a lot of people it doesn't mean that most people who are injured from home construction defects will not receive adequate compensation for their expenses, and that's because every situation is different. But this case does mean that it's a little tough to sue an inspector for a construction defect injury. 

 

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