Construction Law

What Is Strict Liability in Construction Law? featured image

What Is Strict Liability in Construction Law?

Liability is an important part of construction contracts. Strict liability applies to the construction industry in that what contractors do has an implied warranty of quality and safety. When a construction company’s work does not meet that standard, it becomes liable for any damages caused to the owner. The application of strict liability can be difficult to understand or manage for construction companies since it has a very low burden of proof for construction defect plaintiffs when construction companies are sued. In this article, a construction law firm in Franklin, TN, discusses strict liability construction law.

Related: Reduce the Risk of Construction Defects and Minimize Liability With These Tips

Injured When Used in Foreseeable Way

Strict liability applies when someone is injured in a building while acting in a way that is intended or foreseeable. For example, walking across a bridge that is meant for pedestrians should be an easy and safe process. If someone is injured while walking across that bridge because of a defect in its design, the company that built the bridge or the architect that designed it can be held liable.

No Need to Prove Negligence

When the case is brought to trial, the plaintiff does not need to prove negligence. The only thing that needs to be proven is that the injury was caused by a design or construction defect that the company was responsible for. This is a very low burden of proof, which makes it in the victim’s best interest to take legal action. This is also why construction companies must spend considerable amounts of time and resources to ensure future work is flawless.

Related: Is Defective Work Covered by General Liability Insurance?

Defective Mass-Produced Item

Manufacturing processes have largely automated the use of the benefits in speed and quality of production. In essence, a company can create a very standardized process that creates standardized products as a result. In the construction industry, the development and use of mass-produced products can lead to strict liability issues.

Mass-produced products are generally less examined than other products. Because of this, manufacturing defects are more common and can lead to problems. For example, mass-produced steel can have weak spots that can compromise the structural integrity of the building. If someone is injured because of this failure, the construction company or the architect can be sued for failing to meet this standard of care.

Building Site Developers

Builders are also held to strict liability standards for the things that they build. They have a responsibility to ensure that the area that they build in as well as the buildings that they make are safe. Failing to take reasonable action to ensure people’s safety is what often leads to injuries and the builder can face legal action. 

Strict liability in construction can apply in multiple ways, and construction companies must be careful to avoid potential problems. If you have questions about strict liability, contact a construction law attorney in Franklin, TN, from Cotney Attorneys & Consultants.

If you would like to speak with a construction law lawyer in Franklin, TN, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.