Have you ever been walking along the street and suddenly found yourself under scaffolding that was built above the sidewalk? Or has your child ever been curious about what was being constructed behind partitioned walls and tried to find a path behind them? As innocuous as these moments might seem in basic contexts, they are actually examples of how a lack of security measures around a construction site can endanger passersby and increase the risk of a construction accident.
Inadequate Security at Construction Sites
A construction company has a responsibility to keep all of its workers safe from preventable accidents. The same responsibility is also extended to any passersby in the area of the construction.
There are many ways a construction site can keep passersby and pedestrians out of the way of potential harm. Barricades, cones, yellow tape, warning signs, and more are common methods used to show that the area is dangerous and not meant for anyone to enter who is not authorized to do so. Security personnel can also be hired to patrol the grounds or stand at points of entry.
Issues arise when not enough security measures are implemented at a construction site. If it is too easy for a passerby to inadvertently walk into a construction zone, then the construction company could be held liable for any injuries they suffer there. In such a scenario, the accident victim could probably file a specific type of premises liability claim regarding inadequate security.
Trespassing May Not Disqualify a Claim
What happens if you intentionally trespass onto a construction site to get a closer look and then get hurt while there. Are you automatically unable to file a premises liability claim in pursuit of damages? Not necessarily. It might depend on where you call home.
Many states extend premises liability legalities to cover trespassers and unwelcome visitors, not just guests, customers, and clients. In other words, your decision to walk past a construction zone barricade does not necessarily preclude your right to assume the area is reasonably safe from preventable hazards. Of course, it is never advised that anyone enters a construction site without permission and the correct safety gear. Not only would this put that person in immediate danger, but it would also jeopardize their ability to collect compensation in a subsequent injury claim.
Furthermore, if a child is able to easily enter a construction zone to follow their curiosity and then they get hurt, the situation could unfold into an attractive nuisance lawsuit. A typical attractive nuisance law states that property owners can be held liable for injuries to children on their property if they should have known that children would be tempted to trespass onto their property due to something unique about it. Since the average child acts curious when around a construction site, every construction company should assume that any child walking by might be tempted to get a closer look, and so, precautions must be taken to keep them away and safe.
Have you or someone you love been in an accident on a construction site in or around Atlanta? Pratt Clay, LLC can help you determine if you should be filing a personal injury claim against the property owner or construction company. Call 404-566-9460 for more information.