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Can You Sue for Injuries Sustained While Walking Past a Construction Site?


Construction sites are dangerous locations — and not just for workers. They can also pose significant safety risks to pedestrians. While owners and contractors have a duty to ensure the job site and the surrounding area are safe, those who walk or jog by can be subjected to countless hazards. No matter how careful you are, it may not be possible to avoid falling debris or objects, fence or scaffolding collapses, and shattering glass caused by poor construction site management. If you were injured due to negligence while passing by a construction zone, you might be entitled to recover your damages in a personal injury action.

What Are the Causes of Construction Site Pedestrian Injuries?

No one expects to get hurt while taking a stroll in their neighborhood or walking to work. However, construction sites are everywhere in New York City, and pedestrians should be particularly cautious of the hazards. Dangers posed to construction site passers-by can be caused by safety issues both on the ground and at heights.

Pedestrian injuries near construction sites can occur due to:

  • Objects falling from a scaffold or ladder
  • Tools dropped from heights
  • Unsecured plywood or materials
  • Exposed wires
  • Poorly constructed barricades
  • Falling ladders or buckets
  • Broken or shattered glass
  • Failure to construct an adequate walkway
  • Debris on the sidewalk

Many of the injuries suffered by pedestrians while walking past construction sites could have been prevented if proper safety measures were in place. For instance, brace structures, debris nets, and catch platforms can prevent falling materials from striking those walking by. Additionally, site owners must ensure that tools or equipment are safely secured, and regular site inspections are conducted.

Liability for Pedestrian Construction Site Injuries 

There are multiple parties who may be held liable to a pedestrian who was hurt while walking past a construction site. If an owner, contractor, subcontractor, or another party on the site created a hazardous condition — or knew about a danger and failed to remedy it — they may have been negligent. In some cases, a construction site passer-by may also be able to file suit against an architect or engineer if the accident arose due to a building defect.

There are many different kinds of injuries a pedestrian can suffer in connection with walking past an unsafe construction site. Depending on the circumstances surrounding the incident, a pedestrian may have sustained head injuries, lacerations, traumatic brain injury, or concussion from a falling or flying object. Other injuries can include broken bones or spinal damage caused by trip and falls near the site, and electrocution due to contact with unsecured live wires.

An injured pedestrian may be entitled to recover economic damages for lost wages, unreimbursed medical expenses, out-of-pocket expenses, and future medical expenses. They may also be awarded non-economic damages in a personal injury action for the pain and suffering they endured in connection with their construction site passer-by injuries. 

Contact an Experienced New York Personal Injury Attorney

Injuries sustained by a pedestrian due to an owner or contractor’s negligence on a construction site can be severe. If you were hurt while walking by a construction site due to a hazardous condition or safety violation, the personal injury attorneys at The Dearie Law Firm, P.C. can help you recover the compensation you deserve for your injuries.

The Dearie Law Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, and on Long Island in Nassau County and Suffolk County. Contact us for a consultation.