Understanding Construction Site Pedestrian Injury Liability

Understanding Construction Site Pedestrian Injury LiabilityIn our previous post, we explored how a construction firm could be held liable in a case such as the recent death of an NYC woman who was walking by a construction site and struck by a piece of plywood from some construction site fencing. We discussed some scenarios that could show the construction site at fault for the accident. In addition to financially protecting your construction firm by finding the right Newton Construction Insurance Agency, it’s vital for you and your employees to understand when and how you could be held liable for a pedestrian injury, to potentially reduce your risks.

Construction firm owners have a duty to keep their construction zones safe, whether it’s their own personal responsibility or they delegate a safety manager. If a passerby is injured, and they or their loved ones decide to file a lawsuit, the question of who is responsible is often highly argumentative. This is especially true when there is no designated safety personnel; the “blame” often gets passed through the general contractor, subcontractors, and the construction firm owner.

What determines that a construction site is “safe” anyway? This is a common question in liability cases such as this. Basically, if an object from a construction site falls on a pedestrian and injures them, there was probably some condition at the site that could have been safer. The law is not that black and white though; there exists a duty to keep a construction site in a reasonably safe condition based on the level of safety that other comparable construction companies would exhibit. Depending on the state, and the court’s jurisdiction, that can be interpreted differently.

In a personal injury case such as this, the most common damages that a construction firm can be held responsible for include:

  • Medical expenses
  • Lost wages
  • Pain and Suffering
  • Loss of normal life

In a personal injury lawsuit, the claimant must prove that negligence caused the harm. For example, if the passerby was too close to the construction site, but there were visible warning signs present, they may not have a case. However, it’s vital for construction owners to be prepared with the right insurance coverage, just in case.

At Tri-State Insurance agency, we understand the numerous risks you face in the construction industry. Our comprehensive construction insurance program includes coverages for general liability, Worker’s Compensation, and more. For more information, please contact us today at (888) 990-0526.

Please follow and like us:
This entry was posted in blog, Construction Insurance and tagged , , , , , . Bookmark the permalink. Follow any comments here with the RSS feed for this post. Comments are closed, but you can leave a trackback: Trackback URL.