Can I sue for injuries caused by construction defect?
Anyone who has contracted to have a house built or have an addition put on knows minimum requirements for design, construction and materials must be met. Building codes spell out the specifics. Every state has its own rules. Indiana is no different. Every community is also supposed to have processes in place to ensure compliance. Failure to comply can lead to serious injury, illness or even death.
Rules may be overlooked at times. Proper permits aren’t obtained. Inspectors sign off on bad work. When oversight is less than robust, disasters happen. This can perhaps be seen by looking at the recent apartment tower fire in London. Dozens died when fire consumed the building. Officials blame flammable exterior siding.
Recovering damages due to defects
Not every defect in construction results in injury. However, failures can combine to cause significant illness or injury. For example, improper soil preparation (including grading) could lead to water seeping into the home and development of hazardous mold. If carpentry standards are not met, structural collapse could follow.
Every state’s laws vary. But if you suffer damages due to defects, you may be able to recover some of your financial losses related to repair and loss of property value. If you are injured due to the defects, you have a right to seek recovery for medical costs and wage losses. In some states, punitive damages might be imposed. It depends on the circumstances of your case.
It is worth noting that under Indiana law, contractors and builders have a right to fix defects discovered before a lawsuit can be filed. However, the law also obligates them to inform clients of that right as part of the contract process.
Laws are the rule we follow, but the law can be complicated. Optimal results depends on having an experienced advocate at your side.