Minnesota Construction Defect Lawyer
There are few things more deeply upsetting than being injured by your own home. While little things like burning yourself on the stove or getting a pinch from a closing door are perfectly normal, when the structure of your home gives way and exposes your family to injury, something very wrong has happened. After a home is constructed or improved on, some homeowners have discovered that the contractors they hired left something unfinished, designed badly, built with weak materials, or some other ominous oversight.
The problem is that you trusted them, you hired professionals precisely because you wanted the job done right with the best quality materials and experts overseeing every step of the project. Hiring contractors for your project was supposed to keep you and your family safer than a DIY attempt.
This is why it is why an injury caused by a construction defect feels like such a betrayal. Whether your foot goes right through an upper-story floorboard one day, the handrailing detaches from your staircase, or a design flaw is causing leaks and dangerous mold growth, you have a right to file a construction defect claim against the last team of contractors to work on that section of your home.
Any flaws that are found to be dangerous can be grounds for a lawsuit, but your day in court becomes absolutely necessary when a construction defect manages to injure you, a guest, or a family member in the course of its failure.
The question is: Is it too late to litigate?
Statute of Limitations on Construction Defects
Almost everything that a person or business can be sued for has an associated statute of limitations. These are conditional laws that have been built to prevent abuses of the system. In the case of construction defects, the most important limitation defines how much time can pass after a construction project before the contractors are no longer liable for the work they have done.
When you think about it, this clause makes a good deal of sense. If a home is structurally sound with no known issues and suddenly manifests an issue decades later, it can be reasonably argued that the last contractors did a good job but aging of the house itself caused the problem.
However, for people who have been injured by a construction defect in their home, the statute of limitations can also be problematic. Defects don’t always show themselves immediately and related injuries can occur years after the initial project was completed. If you wait too long either after an accident occurs or after the last construction project was completed, the court will not be able to accept your claim.
Minnesota Construction Defect Time Limits
In the state of Minnesota, construction defects have two different time limitations. The first is the basic statute. No construction defects discovered after ten years from the last project’s completion will be eligible for litigation. However, you also have a two-year timer starting from the discovery of the defect or injury caused by the defect.
Fortunately, the second timer is more powerful than the first. Therefore, if you get injured or discover a defect in years 9 and 10, you will be allowed the full two years to file a lawsuit, though this may take you past the initial 10-year limitation.
Injury and Discovery of the Defect
According to Minnesota state law, when you discover the defect matters a great deal as to whether you will be able to hold your construction contractors liable for their mistake. If you can’t remember exactly when the last construction project officially ended, check your financial records, emails, and paperwork drawer for records of the project itself.
If you can find a copy of the contract that was signed, this will include deadlines. However, the legal point at which your 10-year timer starts is the day the home or section of the house is ready for normal occupancy by the residents.
If, at any time during the next ten years, you or someone else is injured in your home as a result of the work done by contractors, the contracting team is liable for personal injury damages including medical expesnses, pain and suffering, and loss of wages due to missed work from the injury. If the injury is debilitating and decreases your ability to live a normal life, higher damages may be awarded.
Proving Connection to the Contractors
After the initial discovery or injury incident, the next step is to prepare to prove your case. Naturally, your ex-contractors will demand proof that their work was the reason for your injury and the court will not award damages without this proof as well.
You will inevitably need detailed pictures of the damage or defective feature of your home along with proof of medical expenses and prognosis for future recovery. In order to prove a subtle construction defect caused the problem, you may also need to work with a third-party building inspector who can detail exactly what went wrong.
Working With a Personal Injury Lawyer
Finally, remember that the legal system is not an environment you want to take on alone. In order to get the best chance for a fair settlement, you will need the help of a lawyer experienced in both personal injury and construction defect cases.
They will be able to help you carefully document your injuries and assess how much you’ll need for a full recovery and compensation for loss and walk you through the necessary steps to prove that the damage was caused by shoddy or defective work done by the contractors in question. With this information in hand, you can build a strong case and effectively seek the compensation you will need.
Have you recently been injured by a construction defect in your home? If so, don’t wait to start litigation. With the statute of limitations, you only have ten years after the construction and two years after your injury to file suit, including the time it will take to prepare your case. Contact us today for legal assistance you will need. Here at Swor & Gatto, we are always ready to help.