Construction Injuries Lead to Liability Concerns

On Tuesday, University police responded to an EMS assistance call on the second floor of Bingham Hall. University police Maj. Jeff McCracken said the victim, a construction worker, had a nail from an air gun lodged in his right knee. McCracken was not able to specify which construction company or project the victim worked for.

But this was not the only construction-related incident to occur in recent months. At the beginning of the semester, two freshmen were splattered with wet concrete while walking by the construction site outside Hinton James Residence Hall.

In November, some students complained of nausea after inhaling particles from dust clouds caused by the renovation of Murphey Hall.

University police reports also state that a Contractor's Choice employee was taken to the UNC Hospitals emergency room after being hit by construction material Nov. 26.

These events bring about questions of liability for damages caused by campus construction.

Bruce Runberg, associate vice chancellor for facilities planning, said UNC has self-coverage that is always in place. The University does not take out any special insurance for construction projects because each individual contractor takes out its own insurance policy for each project. "Every one of the contractors is required to have insurance coverage and safety programs," Runberg said.

He said UNC has an extensive process to examine safety issues before construction begins. "We put a lot of energy into that," Runberg said. But the University cannot prevent injury from occurring, he said. "The construction industry is a dangerous industry."

At least 10 UNC departments work to ensure that construction projects are safe. Each project also is overseen by the Occupational Safety and Heath Administration.

If a student or employee is injured on campus, either the construction company, the University or the individual department could be liable.

Each case is handled differently, Runberg said. For example, a student injured on the sidewalk might get a settlement from UNC, but if a lawn mower damaged a vehicle, the grounds department would have to pay to fix it, he said.

Complainants must demonstrate UNC's negligence to receive compensation. "In order for the University to be liable the individual must show that the University was negligent," said Patricia Crawford, assistant University counsel.

If negligence is proven when someone is hurt on campus, a tort claim can be filed to recover damages.

"I bet we have one or two a year," Runberg said. "It is infrequent, fortunately."

Tort claim forms are handled by University counsel but also are reviewed by the state attorney general's office, Runberg said. Crawford said if the individual is an employee, he must file for worker's compensation.

The University Editor can be reached at udesk@unc.edu.