Attractive Nuisances on Construction Sites

How the Allure of Objects on Your Property Can End Up in a Lawsuit

Property injury law typically only applies to those who are welcome on your property. In California, property owners have a basic duty of care for trespassers, meaning that they should have a sign warning of potential dangers, which can in turn help protect the property from trespassers.

Property owners in California may not realize that they are also liable for injuries that are a result of attractive nuisance. This area of premises liability law applies to underage persons that may not realize the full danger of entering another’s property. An attractive nuisance can be anything that children or teenagers would find intriguing.

In most cases, homeowners have to consider attractive nuisance when they have pools and playgrounds in their backyard. Children can see these installations and run to play on them and potentially hurt themselves in the process. Unlike a traditional trespasser liability claim, a property owner with an attractive nuisance on their property will have a hard time hiring a lawyer for property injury in Newport Beach to defend them.

The best way to protect yourself from attractive nuisance is to make efforts to put barriers around anything that might draw a child onto your property. In addition to injuries that may occur on your home property, construction sites can have attractive nuisances, as well. Our construction site injury attorneys can provide more detail on attractive nuisance on worksites.

Attractive Nuisance on Construction Sites in California

While adults understand that construction sites are filled with sharp tools, unsecured surfaces, and heavy machinery, children may see them as more of an adult playground. Scaffolding and equipment can look fun to climb, and man-made ditches can be difficult to see, basically turning into a booby trap. Managers of construction sites can be held liable for injuries resulting from these accidents, so they should take steps to prevent this from happening. A Newport Beach construction accident lawyer will tell you that something as simple as a fence and a warning can save you thousands of dollars in legal fees.

If you feel like children might trespass onto your construction site and hurt themselves, you should act on this feeling and take steps to restrict access to the site. In fact, if the courts find that you realized there was potential danger but did nothing to stop it, you can find yourself in deep legal trouble.

Preventing the entry of children to your dangerous worksite is the responsibility of you and your company.

Site Owner Liability

Even though you do not own the property and are just a construction site manager, you can still be held liable for the unsafe conditions. You need to take the time to peruse the site and identify all potential hazards; you can even ask your workers for their input on what they think may be seen as a plaything to a child.

Most people trying to avoid premises liability put up signs warning of potential hazards, such as “high voltage” or “beware of dog.” However, you need to anticipate that not all children are strong readers, so it’s important to take other precautions on top of warning signs.

Construction sites should be secured by chain link fences that are at least 6 feet high. This will make sure the gate is not easily climbed.

In addition to fencing, install covers or protection around ditches, walls, or unstable equipment and man-made structures.

In addition to protecting children, it’s wise to think about how safety equipment can be unintentionally tampered with. To prevent tampering, you can protect your workers by having a locking chest or storage locker where they can put hard hats, respirators, and other safety clothing at the end of each day.

Maintaining a Safe Premises

Maintaining a safe area for visitors and trespassers will help protect yourself against a lawsuit. A bodily injury lawyer will tell you that nearly everything on a construction site can contribute to injury or death.

Safety precautions should still be taken; you cannot assume that visitors or trespassers are assuming risk when entering your site. You can take additional safety measures, as recommended by Newport Beach injury lawyers, such as:

  • Fixing cracks or gaps in walkways to avoid slip and fall dangers
  • Locking all hazardous tools and chemicals away from the public
  • Ensuring that employees follow safety guidelines to conduct duties without the risk of injury, as OSHA almost always finds safety violations in construction injury investigations
  • Installing lighting for areas with low visibility
  • Taking steps to install wireless electronic alarms or security doors and screens
  • Installing rescue equipment and making staff aware of how to react to emergencies

It’s your job to protect others when they set foot on your construction worksite. By following the advice stated in this article, you may be able to prevent a personal injury accident from happening on your property. If it still happens, you will be able to show that you made efforts to protect the public, helping your Newport Beach accident injury lawyer defend you.

About Accident Lawyers Firm

Accident Lawyers Firm is a law firm that wins our clients maximum compensation for their personal injury lawsuits. Our Newport Beach accident attorneys work tirelessly to add up your bodily damages, emotional damages, property damages, and overall pain and suffering that the negligent party should pay for. We also tap into our network of accident and health experts to gather thorough research and evidence to make your case for compensation as strong as possible. Contact us if you were injured in a:

  • Car accident
  • Motorcycle accident
  • Bike accident
  • Rideshare accident
  • Dog attack
  • Construction accident

You don’t need additional stress while you recover from your injuries, so leave the legal battle up to us. With our extensive connections and hard-working lawyers, you can focus on recovering physically, mentally, and emotionally. To set up a free consultation, call us at 949-203-5780 or email us at intake@accidentlawyersfirm.com.

Why Do These Accidents Happen?

Since one in five workplace injuries are in the construction job field, it’s important to understand why these accidents happen.
The construction industry is a high-stress, high-risk, and physically demanding profession, which sets many employees up to be fatigued while at work. Longer hours and overnight shifts are commonplace in the construction industry, and some even work overtime and multiple jobs at once to make ends meet. In addition to being physically demanding, construction work most often takes place outside whether the weather is rain or shine, which leads to more fatigue.

The majority of employers and employees believe that fatigue in the construction industry is a serious problem, but not all employers are sympathetic. It’s an employer’s job to help employees avoid burnout. California has mandated break periods for physical jobs, so your employer should not pressure you to skip any breaks, as it’s illegal.

Communication is also key to safety on construction sites. Worksite supervisors should schedule weekly or bi-weekly meetings with crewmembers to discuss proper safety protocol and how it applies to their specific project. Signage at construction sites can warn employees before they are exposed to a variety of hazards. High voltage signs and slippery surface signs can remind workers to take additional precautions in certain areas on the construction site.

Getting Compensation

If you are injured on the job, you can file a workers’ compensation claim. However, many construction sites make it difficult to get compensated for your injuries. Many workers are employed on a contract basis, and many accept a per diem of cash payments at the end of each day. This makes it very difficult to file for workers’ compensation.

Suffering an injury on your construction site can be overwhelming. On top of handling your injuries and discussions with medical professionals, you may also have to deal with workplace politics and the future of your construction career. You shouldn’t have to worry about your finances during this stressful time, so leave your case to an experienced workplace accident attorney in Newport Beach.

Accident Lawyers Firm is a Newport Beach-based law firm that wins our clients maximum compensation for their personal injury lawsuits. Our attorneys work tirelessly to add up your bodily damages, emotional damages, property damages, and overall pain and suffering that the negligent party should pay for. We also tap into our network of accident and health experts to gather thorough research and evidence to make your case for compensation as strong as possible. Contact us if you were injured in a:

  • Car accident
  • Motorcycle accident
  • Bike accident
  • Rideshare accident
  • Dog attack
  • Workplace accident

You don’t need additional stress while you recover from your injuries, so leave the legal battle up to us. With our extensive connections and hard-working lawyers, you can focus on recovering physically, mentally, and emotionally. To set up a free consultation, call us at 949-203-5780 or email us at intake@accidentlawyersfirm.com.

4 Most Deadly Construction Accidents

OSHA actually distinguishes four specific kinds of construction accidents as the “ Fatal Four” because they account for 60% of construction worker deaths. Knowing the danger of these situations can help employees understand why they need to take them seriously. The four deadliest construction accidents include:

  • Falls (39% of worksite deaths)
  • Struck by an object (8% of worksite deaths)
  • Electrocutions (7% of worksite deaths)
  • Caught in between machinery (5% of worksite deaths)
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