ABA Family Legal Guide

Personal Injury

Negligence

Injuries on Others' Property

I was walking on a public sidewalk next to a construction site when I tripped and fell on a brick from the site, spraining my ankle. May I recover damages from the construction company?

In some circumstances, you will be able to recover damages from the construction company, which has a duty to take reasonable steps to keep sidewalks near its construction sites free from bricks and other debris. If the company fails to remove such obstructions and you trip and fall, the company may be liable for your injuries.

Construction companies also should warn pedestrians that they could be injured if they stray from the sidewalk. But posting a sign is not enough. If a company fails to place barriers or warning lamps by a building pit, for example, it may be responsible if anyone falls into it and gets injured.