How do I claim damages from unsafe construction?

When is a building unsafe?

According to the current regulations (Ordinance No. 2 of 22.03.2004.) Construction sites in populated areas, on roads or on the territory of existing buildings are fenced with temporary dense fences., according to the requirements of the relevant municipal administration, and are signaled with the relevant signs and plates, and if necessary - with light signals.

At the entrance to the site and in other suitable places, signs are placed diagrams indicating the location of traffic routes of road vehicles and pedestrians. For the passage of pedestrians over excavations, safe footbridges must be used, which are illuminated during the dark part of the day. In dangerous areas, access of persons not carrying out construction and installation works shall be restricted in an appropriate manner.

Accordingly Any construction that is not signaled in the manner provided for by law and creates a risk of suffering damage is unsafe.                   

When does the right to compensation arise?

Construction activity is characterized by a high level of danger in the work performed. For a claim to be valid, some damage must have been suffered. These can be both material and non-material in nature.

Any damage resulting from the failure to secure a given structure is subject to compensation. The damage may have resulted in harm to human life and health, or in the damage or destruction of an item (for example, a car).        

Who is entitled to compensation?     

If the injured person is a worker who performs work on the construction site itself, then there will be work accident. Any other citizen can also suffer an injury. This would be the case when the injury is caused by an object (construction material, tool, etc.) falling from an unsecured construction site, as well as when falling into a shaft, excavation, or other unmarked hole that is the result of the relevant construction activities. 

The damage may also have been caused to a passenger car, in which case the compensation will be due to its owner.

The heirs of the person who died as a result of the injury are also entitled to compensation.

What is the amount of compensation?

Whether compensation is due is assessed individually for each specific case and its amount depends on many factors. It can be sought for both material and non-material damages.

The property Damages are mostly related to the expenses that the injured person has incurred in connection with their treatment. These include the costs of medications, medical examinations, rehabilitation procedures, etc. Property damages are also those that are related to repairing or replacing the item damaged by the accident.

Non-property Damages, in turn, are due for the pain and suffering suffered as a result of the accident. The amount of compensation for them can vary widely and depends on the length of the recovery period, the age of the injured party, the degree of recovery and other facts and circumstances.    

What is the order of protection and how can we help you?

1) We are trying to voluntary dispute settlement – we hold a meeting with the responsible person, where we try to negotiate the best conditions for you. After your approval of the parameters of this agreement, we can proceed to its signing.

2) In the event of unsuccessful voluntary settlement of the dispute we are filing a civil lawsuit, to claim the compensation due to you for material and/or non-material damages. In addition to not owing us any fee in advance, we will also do everything possible to exempt you from paying court fees and expenses, if the prerequisites for this, as provided for by law, are present.

3) If there is a formed criminal case in relation to the tort, we can also represent you in it. In this case, we can bring the claims that would otherwise be the subject of the filed civil case, referred to above in item 2.

4) If the case/cases are successful, we file a lawsuit and we represent you before a private bailiff, who will assist you in receiving the actual amount awarded by the court decision - through seizure of bank accounts or other appropriate actions.