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West Palm Beach Bankruptcy & Business Attorneys > > Business Litigation > Construction Litigation: Defective Design

Construction Litigation: Defective Design


Although many renters dream of someday owning a home of their own, unfortunately financial stress can leave someone renting for longer than originally planned.

There are many benefits when it comes to renting an apartment or a duplex, such as cheaper costs, no commitments, and no taxes. In many cases, the owner of the home or unit is required to fix any problems or conduct any necessary maintenance.

While it is their responsibility to do these things, sometimes an owner can fall behind when it comes to fixing a problem in the apartment or building. Waiting to fix these issues can result in injuries due to defective design. If there has been an injury in your apartment building because you or a contractor has failed to do their duty, you may have a construction litigation case.

Construction Defects

Knowing what kinds of problems constitute a construction litigation case is the first step to deciding whether or not you want to pursue your case any further or get assistance from an experienced professional. A construction litigation attorney can help you figure out who is at fault for the issue with the design and the next steps.

Some of the design issues can include:

● Mold that has caused you to become ill

● Faulty or cracked windows

● Faulty electrical or heating systems

● Dry rot

● Water leakage

Who Is at Fault?

It’s difficult to say who is at fault in cases like this, so seeking the help of an attorney is crucial. Sometimes the owner of the building can be at fault depending on whom they have hired to complete their projects. Other times, the owner can place blame on the contractor or employee they have hired if they didn’t complete the job sufficiently or according to plan.

Whoever is suing the owner/contractor for defective design should be able to prove how the design is actually defective and what the designer should have done to create the issue correctly.

Proving Damages

Proving the damages of your claim can also be difficult, but if you have experienced an injury and the cause has been proven, your claim will stand better in court. Whoever is placed at fault for the defective design, the person suing will be able to sue for certain expenses. These expenses include:

● Medical expenses for the cost of injuries

● Lost wages, for any work you missed due to you sustaining an injury

● Loss of normal life because of the injury

If you have sustained an injury from a construction design related incident or are being sued by someone who has, contact construction litigation attorney Florida today. At the Law Office of Kelley Kaplan & Eller, we want to ensure you receive nothing but the best representation in such a case and to find out who is truly at fault for any issues with the design of your building. Call us now at 561-264-6850.

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