If you are a property owner of an ongoing construction project, you are likely aware that construction sites are inherently risky environments. The presence of uneven surfaces, heavy machinery and ongoing work can create numerous safety hazards for workers and the surrounding community.
It can help you to understand your potential liability in the event of an injury at your construction site. You may wonder if you may face legal trouble if a child gets injured, even if your construction site is not classified as an attractive nuisance, for example.
What is premises liability?
As the owner of an ongoing construction project, you are legally responsible for minimizing safety hazards for individuals who may enter your construction site. However, you are only held responsible for the safety of visitors, depending on their legal status.
For example, you’re generally not responsible for the safety of trespassers, but this does not mean you should intentionally cause them harm. That said, there’s a caveat: you are held responsible for the safety of trespassing children. Suppose they sustain injuries at your construction site due to hidden dangers; the kids’ parents can take legal action against you.
What is an attractive nuisance?
Your construction site can be classified as an attractive nuisance if it features conditions that might attract children and pose a danger to them. This doctrine acknowledges that trespassing children may be enticed by a construction site with safety hazards because they lack the judgment to comprehend the inherent risks. Examples of these attractive safety hazards may include:
- An incomplete swimming pool that isn’t barricaded
- An abandoned construction project that is accessible to the public
- Accessible construction machinery that appears to be a playground
To help ensure that your construction site isn’t an attractive nuisance, it can help to take extra precautions to secure these hazards to prevent children from accessing them and getting injured. It’s crucial to remember that even if the attractive nuisance doctrine doesn’t apply, your general duty of care for all visitors, including trespassing children, might still lead to liability in a construction site injury case.
Suppose a trespassing child gets injured at your construction site; you might be overwhelmed by guilt and the worry of the legal trouble you may face. In such a situation, seeking appropriate legal feedback can clarify your situation.