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Who Is Liable if You’re Injured While Walking by a Construction Site?

Construction sites can be dangerous places that have hazards like heavy equipment, high heights, and unstable ground. Contractors, property owners, and construction workers should take care to ensure that there are measures in place to protect those on and near a construction site from accidents. However, sometimes accidents happen, and even those walking nearby a construction site can be harmed. 

If you have suffered injuries due to dangerous conditions and activities that spill over onto a sidewalk or street next to a construction site, you deserve compensation for your damages. The Spanish-speaking and compassionate lawyers at Dalli & Marino, LLP can help you protect your rights and get the compensation you deserve following a construction site accident.

What Is Construction Site Liability?

By law, you have a right to not be put in danger while reasonably walking past a construction site. City, state, and federal regulations require builders and property owners to follow detailed safety protocols to keep the public safe from construction activities. These can include putting up scaffolding, netting, barriers, and fences to shield a public sidewalk or walkway from hazards like falling debris, welding sparks, noxious dust or chemicals, and piles of loose dirt or gravel. 

Any party responsible for implementing construction site safety measures can face liability if they fail to comply with their legal obligations altogether, or if the protections they install are unreasonably deficient or defective. In some jurisdictions, like New York City, local laws require property owners to maintain reasonably safe sidewalks and walkways adjacent to their properties and hold them liable for failing to do so. But even in the absence of such statutes, individuals and businesses responsible for construction activities have a generalized duty not to act or fail to act in a way that poses an unreasonable danger to the public. 

Potentially Liable Parties Following a Construction Site Accident

A wide variety of individuals, businesses, and public entities could face liability for injuries you suffered while walking by a construction site. They may include: 

  • The owner of the construction site
  • A property developer overseeing a construction project 
  • Contracting businesses and individual workers 
  • A local government in its capacity as the owner of the property or the sidewalks and public ways next to it
  • The manufacturer of defective construction or safety equipment
  • An engineer or architect responsible for the dangerous design of a feature or structure that collapsed
  • The driver or owner of a vehicle that struck a pedestrian while entering or exiting a construction site
  • An insurance company that issued liability coverage to any of the parties above

This isn’t a complete list by any means, but it illustrates the diversity of parties who might owe you compensation for your losses. The best way to find out who is liable for your injuries is to speak with an experienced construction accident lawyer.

Compensation You Could Receive Following a Construction Site Accident

Liable parties could owe you significant financial compensation for your losses. Some common forms of compensation that your lawyer may be able to win for you include:

  • Medical and other expenses related to treating, adapting to, or living with injuries
  • Lost earnings and work benefits from missing work or becoming disabled 
  • Physical pain and discomfort from injuries or medical treatments
  • Emotional distress caused by the accident or injuries
  • Loss of enjoyment of life and favorite activities
  • Daily inconvenience and loss of independence
  • Scarring, disfigurement, or loss of a limb, appendage, or bodily function

The sooner you speak with a skilled lawyer about the injuries you suffered while walking by a construction site, the better your chances of securing the maximum compensation available.

How a Lawyer Can Help Your Case

A construction site accident lawyer can handle the entire process of identifying the parties responsible for your injuries and pursuing them for compensation on your behalf. Some steps that a lawyer might take to target liable parties and hold them accountable include: 

  • Conducting an independent investigation of the accident or conditions that caused your injuries 
  • Interacting with safety regulators and reviewing the official history of safety infractions at a job site
  • Representing your interests in official investigations of a property owner or developer for dangerous practices
  • Reviewing and analyzing insurance coverage carried by all potentially liable parties
  • Filing lawsuits or submitting insurance claims against liable parties
  • Negotiating settlements of your claims when possible
  • Proving your claims in a courtroom trial 
  • Taking all steps to collect and disburse funds owed to you

Partnering with a construction accident lawyer can help you get the compensation you deserve following a construction site accident.   

Contact an Experienced Construction Accident Lawyer at Dalli & Marino, LLP Today

Your safety should not have been compromised if you were merely walking past a construction site. However, if you have suffered injuries, your best chance for securing compensation is to speak with a skilled construction accident lawyer in your area right away. 

Dalli & Marino, LLP has years of experience in construction accident cases. In a free consultation, we can explore the circumstances of your injury and explain who might have liability to you for damages. Fill out our contact form or call us at (888) 465-8790 today to get started.


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