Injured on a construction site but not a worker: Who is liable?

Injured on a construction site but not a worker: Who is liable?

| Apr 22, 2020 | Firm News

When you think of injuries on a job site, the first thing that comes to mind might be workers’ compensation. And that makes sense. Many construction site accidents fall into this category.

But injuries to nonworkers happen on construction sites, too. It may be reasonable to expect dangerous conditions on a construction site. However, that does not mean that someone is not responsible for ensuring your safety.

Entering the designated construction area

How you got onto the construction site will factor into determining liability. These classifications apply to construction sites as well as other properties.

  • Invited: Those invited to the property can be members of the public or someone conducting a business transaction. Owners and managers go to great lengths to protect invitees from harm on the site.
  • Licensed: You are a licensee if you enter the property with permission but are there for your own benefit. The owner should warn you about any known dangers, but you may be liable if an accident happens. A salesperson pitching an idea to the construction manager might fall into the licensee category.
  • Trespassing: You have very little room to claim negligence on the part of the property owner or site manager if you enter without permission.

Responsibilities of the landowner

Landowners and site managers must do their due diligence toward protecting licensees and invitees. As a guest of the site, you may have grounds for a premises liability claim if the person assigned to ensuring safety does not do their job.

Please visit our webpage for more information on construction site premises liability.