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New York Construction Law Blog

Protect your construction site from attractive nuisance lawsuits

Posted by Karl Silverberg | Dec 23, 2022 | 0 Comments

You know the importance of having a safe worksite to keep your employees from getting hurt on the job. However, if you don't have protective barriers around the site, you could also be liable for non-employee injuries.

Here is what you need to know about the attractive nuisance doctrine.

The law is meant to protect children

Homeowners with pools or other artificial landscaping features attractive to children have to restrict access to those areas. The attractive nuisance doctrine assumes that property owners should realize that they have created a condition that children would be drawn to. Even if the child is trespassing on the property, if the property owner didn't show “reasonable care” in restricting access, such as installing fencing, they are liable if the child is injured.

The attractive nuisance doctrine also applies to construction sites. Large equipment, piles of dirt and scaffolding are fascinating to children, and they would be tempted to play in those areas, unaware of potential danger. If one were injured at your site, you could face a lawsuit that could cost millions.

It's imperative that you have safeguards in place to protect your construction site from trespassing children. The following can help keep your site safe:

  • Have fencing around the perimeter and check it regularly to ensure no gaps.
  • Place “No Trespassing” signs around the site.
  • Secure your site with a padlock, if possible.
  • Make sure all tools are locked away at the end of the workday.
  • Remove keys from machinery. 

Ensuring your construction site is safe will prevent injuries to anyone who comes on the property. However, even with all the precautions, someone may get hurt. If that happens, discussing your situation with someone who can review your case and protect your interests is essential.

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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