Construction
Accidents
The Deadline to File a
Construction Accident Claim
The deadline for filing most construction accident claims
in court in Kansas is two (2) years from the date when the victim was
exposed to the danger AND the injuries resulted therefrom. Some
statutes appear to indicate that there is also a maximum limit of six
(6) years from the date of the alleged negligence in which to file a
professional malpractice claim against an architect, a structural
engineer, etc.
Claim Information
A construction accident claim may arise in a number of different ways.
One contractor may conduct its business in a dangerous or negligent
fashion giving rise to injuries to others- such as a property owner or
the employees of a different contractor. (Under Kansas law if the
contractor's employees themselves are injured, this would generally
give rise to a workers' compensation claim and not an independent
construction accident claim.) A property owner may fail to warn of
dangerous conditions on its property and this may cause an employee of
a contractor to be injured. A contractor may be using equipment which
is dangerous or defective and which causes injury to a worker or to a
propery owner.
Examples of Construction
Accident Claims
Some examples of construction accident claims are:
- Dangerous
construction equipment having inadequate safety devices or warnings
- Cave-ins, sink
holes, collapsing excavations, etc.
- Falls due to
failures to barricade or warn
- A property
owner's failure to warn of known dangerous conditions on the property
- A structure
which collapses
- Injuries to the
employees of one contractor caused by the activities of a different
contractor
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