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Blasting, or using controlled explosives in order to break down or remove rock from a construction site, is a customary construction site activity. As the name suggests, this practice can be extremely dangerous, so injuries from construction site blasting are not uncommon. Construction site accidents, particularly those caused by blasting, can be disastrous and can result in extremely serious injuries to both people and property. In the most severe cases, blasting accidents can result in fatalities.
The Occupational Safety and Health Act regulates how blasting should occur on construction sites. While this act puts into place a number of safety measures, such as who is qualified to handle explosives, what type of materials can be near the explosives, and even how blasting tools are used, injuries can still occur even when all guidelines are followed.
When blasting results in direct damages or injuries, meaning injuries caused by debris, explosives, etc., a strict liability standard applies. Strict liability is liability without fault. While negligence requires the plaintiff to show that the defendant breached the duty of care that a reasonable person would have had, in strict liability cases this type of proof is unnecessary. This means that if you have suffered a direct injury from construction site blasting, you can recover even if the person responsible exercised the greatest degree of care to prevent such injury. When the blasting results in indirect injuries, however, negligence will have to be proven. In all jurisdictions, negligence means conduct that creates an unreasonable risk of harm to other people. It is actionable when that risk creates a legally recognized injury. An indirect injury is one resulting only from concussion.
Of course, the first thing you should do is get medical treatment if you have been hurt. If your property has been damaged, contact your insurance company immediately. When either your person or property has been damaged, it is also in your best interest to speak with a lawyer.
If you have been injured from a construction site explosion or blasting, call the experienced MA Construction Site Accident attorneys at Altman & Altman, LLP. The only way to find out whether or not you have a case is to speak with a lawyer. Our Greater Boston Construction Accident Attorneys know the ins and outs of personal injury law. We have handled countless construction site injury cases, and we can come up with the best strategy to get you the compensation you deserve. We are sensitive to our clients’ needs and are always available to speak with them. We know that injuries cause not only physical pain, but also serious emotional pain and stress, and thus we pride ourselves on outstanding client service. We are different from other firms because we have a strong commitment to the people we serve and the area of law we practice. Call the attorneys of Altman & Altman, LLP at 617.492.3000 or 800.481.6199 toll-free, or contact us online for a free consultation. We are available twenty-four hours per day, seven days a week to answer all of your questions and address all of your concerns. Our attorneys and staff are fluent in a variety of different languages. The sooner you contact us, the sooner we can get to work on your case.