Liability Considerations When A Visitor Is Injured On A Construction Site

Construction sites contain more than just workers. Architects, engineers, inspectors, vendors, and even curious property owners may find themselves walking through active sites. When a visitor gets hurt, the legal aftermath looks different from what it does for employees. As a construction accident lawyer can share, non-worker injury claims may involve layers of liability that don’t fall under workers’ compensation.

Site Owners And General Contractors Share Responsibility

The people or entities who control the construction site generally owe a duty of care to anyone legally on the premises. For non-workers, this usually means keeping the area reasonably safe, posting visible warnings, and restricting access to dangerous zones. If someone is invited or permitted to be on-site and gets hurt due to poor maintenance, they may have a valid personal injury claim.

There is a possibility of a general contractor being held liable for not enforcing safety rules and regulations. For example, if a visitor is in the contractor’s work area and falls into an unmarked trench or pit, the contractor and the site owner could share fault. Additionally, if a visitor is struck by falling debris, the contractor responsible for the debris could be held liable.

Subcontractors May Also Be Liable

Many construction site accidents involve subcontractors who control specific work areas. If a plumbing subcontractor, for example, leaves tools scattered in a walkway, and a visiting building inspector trips and falls, that subcontractor could face a negligence claim. Because non-workers aren’t protected by the same systems as employees, they often have to pursue traditional tort claims against the party responsible.

It’s important to investigate which company was managing the area where the injury occurred. This often determines which party may be liable for dangerous conditions.

Insurance And Notice Requirements Vary

Visitors injured on construction sites should seek prompt medical attention, but they also need to report the incident to the appropriate party. Whether it’s the general contractor, site owner, or property manager, timely notice is critical. Waiting too long to notify the responsible party can affect a person’s ability to recover damages.

Claims from non-workers may be covered under general liability policies rather than workers’ compensation. These policies may have different filing deadlines, reporting requirements, and documentation standards. As our friends at Hickey & Turim, S.C. can share, acting quickly after an accident is essential to preserve the right to bring a claim.

Types Of Injuries And Damages Available

The injuries that one risks on a construction site vary widely. Minor bruises and scrapes all the way up to serious injuries like broken bones, crushed limbs, or traumatic brain injuries (TBIs) are all within the realm of plausibility. Unlike employees, non-workers may also be able to recover damages for emotional distress or loss of enjoyment of life.

However, these claims require evidence that the injury was caused by someone else’s negligence. Medical records, scene photographs, and witness testimony can make a significant difference in proving fault. If you or someone you know was injured while visiting a construction site, do not assume that workers’ compensation rules apply. The legal avenues available to non-workers may be more complex but can also offer broader recovery options. Talk to a lawyer in your area today.