Pedestrians Injured Walking By Construction Sites May Be Able to Sue

 Posted on September 16, 2022 in Personal Injury

Accidents often occur at Illinois construction sites and usually, the people injured are construction workers. But sometimes, pedestrians passing by or crossing through a construction site can suffer serious injuries as well, through no fault of their own. In cases of serious injuries involving pedestrians and construction sites, the construction company or third-party contractors may be held responsible for compensating the pedestrian for their injuries. If you or someone you love has been injured at a construction site, make sure you speak with an experienced Illinois personal injury attorney before speaking with the construction company or accepting any settlement offers. 

How Are Pedestrians Injured at Construction Sites? 

Construction sites are generally well-marked, and hazards are clearly fenced off or otherwise protected. However, construction companies are not always as careful as they should be, and sometimes pedestrians unknowingly expose themselves to hazards when they walk near ongoing projects, especially those on sidewalks, roads, or up above pedestrian walkways. 

Pedestrians can be injured on or near a construction site in many ways, including: 

• Falling into holes or pits 

• Loose construction materials falling from high places (such as bricks, tools, or wooden planks)

• Electrocution from equipment that is unsafely exposed or marked 

• Injuries from construction equipment entering or exiting the premises 

• Injuries caused directly by the act of a construction worker, such as assault

Are Construction Companies Always Responsible For Pedestrian Injuries? 

Illinois holds property owners and managers responsible for injuries suffered by people who are legally present on property where there is a dangerous condition that the owner is aware of but does not exercise reasonable care to maintain. However, when there is an “open and dangerous” condition, such as a large pit, body or water, or fire, that is easily visible and recognizable as dangerous to the average person, a property owner may not be liable for injuries incurred by someone exposing themself to the dangerous condition. If there is a large hole in the ground that is marked in an area that is well lit, a pedestrian who falls in may be responsible. 

If there is a special circumstance that could distract someone from the dangerous condition that could make that person fail to notice the hazard or forget to protect themselves from it, a property owner or construction company may still be responsible for injuries caused by the hazard. The construction company does not need to cause the distraction themselves - they only need to anticipate that such a distraction could be possible. Determining whether such a distraction justifies a pedestrian’s subsequent injury, and whether the construction company is responsible for compensating the injured party, is a complex endeavor and requires the help of an experienced premises liability attorney. 

Meet with a Cook County Premises Liability Lawyer

If you or someone you love has been seriously injured walking by or through an Illinois construction site, contact an experienced Orland Park personal injury attorney with Schwartz Injury Law right away. We offer free consultations so you can explore your options at no risk. Call us today at 708-226-9000. 

Source: 

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2048&ChapterID=57