Who is Liable if a Person is Injured by Debris from a Construction Site While Walking on a Public Sidewalk Next to that Site?

While construction projects can be a temporary nuisance at times, they are often exciting in the big picture because they signify growth, innovation, and development in our communities. However, our Los Angeles construction accident attorneys at Ellis Injury Law have seen that too often these sites are not as safe as they need to be, and innocent people are seriously injured as a result. If you are injured by debris from a construction site while walking on a public sidewalk next to that site, the owner of the property containing the construction site, the construction company, the architect, the engineer, and the subcontractors are among the entities that may be held liable depending on the facts surrounding your case.  

You did nothing wrong 

When you walk on a public sidewalk, it is important to know that you have the right to be safe from any unreasonably dangerous conditions. The entity exercising decision-making power at a construction site property has a duty to you to keep any debris from falling on you, causing you to trip and fall, or otherwise injuring you while you are on the public sidewalk. If they breach that duty and your injury or accident was foreseeable, then they may be liable for your injuries.  

How can they keep the sidewalk next to a construction site safe? 

Here are some of the steps a party exercising decision-making authority at a construction site can take to help keep you safe:  

  • The construction site should be blocked off such that no passersby can get close enough to the site to risk any harm  
  • If there is debris on a public sidewalk that came from a construction site, it must be removed 
  • Post clear signs, warning lamps, or barriers advising pedestrians that they risk injury if they fail to stay on the sidewalk. A sign in itself may not be enough to shield the property owner or construction company from liability.  

What should I do if I am injured by debris next to a construction site? 

The first thing you should do if you are injured is to notify the authorities by calling 9-1-1 and seeking medical attention. When emergency personnel arrives, they are required to complete an incident report that details what happened, how it happened, any injuries that you incurred, how serious your injuries are, and any other contributing causes to the accident. This creates an official record of the incident and documents any injuries that you sustained. You can also notify the site’s supervisor if available or contact your local Occupational Safety and Health Administration office.  

Speaking with an attorney is crucial  

Once you have done that, it is strongly recommended that you hire an experienced construction accident lawyer to represent you. These cases are complicated in terms of investigating what caused the accident, identifying all potential defendants, determining which defendant(s) to pursue legal action against, and communicating and negotiating with the insurance company to reach a fair settlement. An experienced attorney that has handled hundreds of cases similar to yours will know exactly what to do to build your case and maximize the amount of your financial compensation. 

An elite client success rate  

For over a quarter of a century, our LA construction attorneys at Ellis Injury Law have been representing injured Southern Californians. We fight tirelessly to achieve justice for our clients and have recovered more than $350 Million in settlements and jury verdicts on behalf of our clients. Ellis Injury Law is here for you when the stress is overwhelming you and you need an attorney you can trust.  

Call us 24/7 to arrange a cost-free case review  

If you have been injured by debris from a construction site while walking on a public sidewalk next to that site, call Ellis Injury Law 24 hours a day to book your free consultation. We do not charge any fees unless you win.