EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
If you or someone you work with got hurt on a construction site in Irving, the first question that usually comes up isn’t about medical bills or time off work — it’s about who caused this. That question matters more than most people realize, because the answer determines who pays, what claims you can file, and how much you can recover. Texas construction accident law doesn’t give one simple answer. Responsibility can land on one party or spread across several, depending on how the site was set up, who controlled the work, and what failed. At Dashner Law Firm | Irving Injury & Accident Attorney, we handle these cases regularly, and the liability picture is almost never as simple as it looks from the outside.
Why Liability on a Construction Site Is Rarely Straightforward?
Modern construction projects in the Dallas-Fort Worth area — including the significant development activity that has reshaped Irving over the past decade — run on a layered structure. You have property owners, general contractors, subcontractors, equipment suppliers, and sometimes government entities all operating on the same site. Each has a different role, a different contract, and different legal duties. When an accident happens, the chain of responsibility has to be traced through all of those layers.
According to the Bureau of Labor Statistics, construction remains one of the most dangerous industries in the United States, accounting for a disproportionate share of fatal workplace injuries each year. Texas consistently ranks among the states with the highest construction fatality counts, partly because of the sheer volume of active projects. That volume doesn’t reduce anyone’s legal duty to keep workers safe.
The General Contractor’s Duty to Control the Site
In most Texas construction accident cases, the general contractor carries the heaviest share of potential liability. Under Texas common law, a general contractor who retains control over the methods and manner of work on a site can be held liable for injuries to subcontractor employees — even if that subcontractor was technically the worker’s employer.
The key legal test comes from cases interpreting the Texas Civil Practice and Remedies Code alongside decades of case law. Courts look at whether the general contractor had the right to control the specific work that caused the injury, not just general authority over the project. This distinction matters. A GC that dictates safety protocols, provides equipment, supervises daily operations, or has the power to stop unsafe work is more likely to face liability than one that purely manages schedules and budgets from an office. Cornell Law School’s resources on negligence provide useful background on how courts analyze control in employer-contractor relationships.
When the Property Owner Bears Responsibility?
Property owners don’t get a free pass just because they hired a general contractor. Texas law recognizes that an owner who retains control over part of the work, or who had actual knowledge of an unreasonably dangerous condition and failed to warn anyone, can be named as a defendant. This comes up frequently in commercial redevelopment projects — a category Irving has seen plenty of in recent years along the Las Colinas corridor and near the entertainment district.
If an owner, for example, knew that an excavation hadn’t been properly shored up and said nothing, that silence can translate into legal exposure. Our Texas Premises Liability Attorneys handle cases where the property condition itself — not just the work being performed — created the danger.
Subcontractors and Third-Party Liability
Subcontractors can be liable when their own crew’s actions cause injury to workers from a different subcontractor or to bystanders near the site. Say a roofing subcontractor drops materials that hit an electrical worker below. The roofing sub may face a direct negligence claim even though they didn’t employ the injured person.
This matters because in Texas, a worker cannot typically sue their own employer for construction injuries — workers’ compensation usually covers that. But they can sue third parties who contributed to the accident. That third party could be another subcontractor, the general contractor, the property owner, or a product manufacturer. Filing a Texas construction accident lawsuit against the right third parties is often where injured workers recover the most meaningful compensation.
Defective Equipment and Product Manufacturers
Some construction accidents trace back to tools or machinery that failed. A defective crane cable, a harness that snapped at rated load, a saw guard that didn’t function properly — these failures may expose the manufacturer or distributor to liability under Texas product liability law. Our Texas Product Defect & Liability Attorneys handle these claims separately from the general site negligence analysis.
The CDC and occupational health researchers have documented that equipment-related incidents account for a significant portion of serious construction injuries. When a product fails, the injured worker may have claims against both the site parties and the product’s supply chain — which can substantially increase the total compensation available.
OSHA Standards and How They Affect Your Case
Federal OSHA regulations set minimum safety standards for construction sites. Texas doesn’t have a state plan OSHA program for private-sector construction, so federal OSHA standards apply directly. When a contractor violates an OSHA standard — say, failing to provide fall protection above six feet or ignoring excavation safety requirements — that violation can be used as evidence of negligence in a civil lawsuit. FindLaw’s legal resources offer accessible explanations of how regulatory violations translate into civil liability.
OSHA citations don’t automatically mean a lawsuit will succeed, but they give your attorney documented proof that a safety standard was known, required, and ignored. That documentation is valuable.
Texas’s Proportionate Responsibility Rules
Texas follows a modified comparative fault rule. Under Texas Civil Practice and Remedies Code § 33.001, an injured person can recover damages as long as they are not more than 50% responsible for the accident. If you’re found 20% at fault, your recovery is reduced by 20%. If you’re found 51% or more at fault, you recover nothing.
This rule becomes a litigation battleground in construction cases. Defendants and their insurers frequently argue that the injured worker ignored safety instructions, used equipment improperly, or failed to wear provided gear. How your attorney responds to those arguments — and how well they’ve documented the site conditions and defendants’ actions — directly affects the outcome. Justia’s Texas law resources provide a useful reference for how comparative fault is applied in state courts.
What Injured Workers in Irving Should Do First?
Time affects evidence. Construction sites get cleaned up fast, witnesses move on to other jobs, and surveillance footage gets overwritten. If you’ve been hurt on a site in Irving, take photos before leaving if you’re able. Get names and contact information from anyone who saw what happened. Report the injury in writing to your employer or the site supervisor. Seek medical attention that day — not only for your health, but because medical records dated close to the accident are critical evidence.
Then call a construction accident attorney before you give any recorded statement to an insurance company. Insurers routinely use those early statements to limit or deny claims.
You can read about the kinds of results we’ve achieved for injured clients on our verdicts and settlements page, and you can learn more about our team and experience before deciding whether to reach out.
How Geoffrey Dashner Approaches These Cases?
Geoffrey Dashner has spent years handling serious injury cases across Texas, including construction accidents that involve multiple defendants, disputed liability, and significant medical damages. Injuries on construction sites frequently include traumatic brain injuries — our Texas Brain Injury Attorneys handle those cases with the medical experts and resources they require. Construction accidents also sometimes involve long-term occupational exposure claims, including asbestos exposure on older commercial buildings, which our Texas Mesothelioma Attorneys address separately.
The firm serves clients throughout Texas, not just in Irving. But the Irving construction market is one we know well, and that local knowledge matters when investigating a specific site, identifying the responsible parties, and understanding the contractors commonly working in this area.
Talk to a Construction Accident Attorney Before You Assume Who’s at Fault
The party that looks most responsible at first glance often isn’t the only one — or even the primary one. Texas construction accident liability requires a careful look at contracts, site control, safety records, and the actual chain of events. Getting that analysis right early in the process protects your claim.
If you were hurt on a construction site in or around Irving, Dashner Law Firm | Irving Injury & Accident Attorney offers free consultations. There’s no fee unless we recover for you.
Contact us to schedule a consultation, call us directly at (972) 635-4460, or visit our office at 4500 Fuller Dr, Irving, TX 75038. We’re ready to take a hard look at what happened and tell you honestly who can be held accountable.
