Who Is At Fault When A Bystander Is Hurt At A Construction Site?


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Most construction sites have areas that can be dangerous. Heavy equipment, uneven ground, exposed utility lines, and various other hazards can seriously injure both workers and bystanders. If you have been critically injured at a construction site as a bystander, you need to talk to a premises lawyer as soon as possible. You may be entitled to compensation for your medical expenses, lost wages, and more.

Can Bystander Construction Site Injuries Be Premises Liability Claims?

Property owners may be conflicted about having construction sites on their property. They are legally required to maintain the safety of the properties they own, including fixing any hazardous conditions, which often require construction. Construction sites by nature are dangerous areas themselves. So, hazardous conditions may be necessary to fix other dangerous conditions.

Construction site accidents that happen during the transition period may create premises liability claims when bystanders are injured. Sometimes, the property owner does not take reasonable steps to ensure that the construction site is secure or safe for the public. When someone is injured in these circumstances, it may be a case of premises liability, and the property owner may be found financially liable for the injuries.

How Are Bystanders Injured At Construction Sites?

Injuries that happen to bystanders at a construction site are not limited to negligent behavior on the part of workers. Passers-by and bystanders are often hurt by the following:

  • Open holes
  • Missing stairs or steps
  • Falls due to missing guard rails
  • Missing warning signs
  • Falling objects

When any of the above situations occur, injured bystanders may be able to sue construction companies, general contractors, or subcontractors that are doing the work, in addition to property owners. The legal theories that support bystander claims include:

  • Premises liability claims
  • Insufficient site management or supervision
  • Insufficient safety equipment or protocols
  • Negligent supervision, hiring, or retention of construction workers with poor safety histories

Property owners must take special precautions regarding children around construction sites. Most adults understand the potential dangers of these sites and thus pay attention to the conditions. On the other hand, children are often interested in the heavy equipment, materials, and holes found on construction sites and may be tempted by them into dangerous situations. If a minor is injured on a construction site due to an “attractive nuisance,” the family may be able to file a lawsuit against the construction company and the property owner for their failure to take reasonable precautions to eliminate hazards. Cases like these rely on the balance between risks of injuries and the burden on property owners to mitigate dangerous conditions.

Ross Feller Casey Can Help When Construction Site Bystander Injuries Happen

Construction site claims involving bystanders can be challenging to prove despite the fact that they can cause severe, even fatal, injuries. Frequently, there are complicated layers of liability between property owners, construction companies, and subcontractors. As a result, these cases are best handled by personal injury attorneys who have knowledge and experience in construction site cases.

The legal team at Ross Feller Casey has the expertise to help if you or your loved one has sustained serious injuries at a construction site. Our attorneys can examine your case and determine where negligence occurred and who is at fault. Additionally, the medical doctors we have on staff can review medical records to understand the extent of your injuries and what the consequences of those injuries mean to your future. While a successful personal injury lawsuit cannot fix permanent injuries, it can help ease the financial burden of medical expenses, lost wages, and pain and suffering. Ross Feller Casey will ensure you get the best financial recovery possible for your situation.

Contact the Ross Feller Casey law firm today to schedule your free consultation. We handle all cases on a contingency basis, so you never have to worry about out-of-pocket expenses during your case. We only get paid when your case is settled or won in the courtroom.

Disclaimer: Ross Feller Casey, LLP provides legal advice only after an attorney-client relationship is formed. Our website is an introduction to the firm and does not create a relationship between our attorneys and clients. An attorney-client relationship is formed only after a written agreement is signed by the client and the firm. Because every case is unique, the description of awards and summary of cases successfully handled are not intended to imply or guarantee that same success in other cases. Ross Feller Casey, LLP represents catastrophically injured persons and their families in injury and wrongful death cases, providing legal representation in Pennsylvania and New Jersey.