Construction sites can be dangerous places. Falling debris, unsafe walkways and exposed wires can cause serious injuries. If you were hurt because of a dangerous condition at a construction site, you may be able to seek compensation from the property owner or another responsible party. The cause of the accident and who controlled the area can affect your claim.
When a property owner may be liable
Property owners must take reasonable steps to address dangerous conditions they know about or should discover. However, owning a property does not make an owner responsible for every accident.
You may have a premises liability claim if a property owner knew about a dangerous condition, failed to address it and that failure caused your injury. You must also show that the owner had a duty to protect you under the circumstances.
Common construction site hazards
Dangerous conditions at construction sites may include:
- Unmarked holes, trenches or uneven ground
- Falling tools, debris or building materials
- Poor lighting near entrances and walkways
- Missing fences, warning signs or safety barriers
- Exposed electrical wires or unsafe equipment
The responsible party may depend on who controlled the area, who created the hazard and who knew about the danger.
How Tennessee law affects these claims
A premises liability claim generally requires an injured person to show that the defendant failed to use reasonable care and that this failure caused the injury. Evidence about the dangerous condition, the owner’s knowledge and the steps taken to fix the problem may affect the claim.
Tennessee also follows a modified comparative fault system. If your share of fault reaches 50% or more, you generally cannot recover damages. If your share of fault stays below 50%, the court reduces your damages based on your share of responsibility.
What to do after a construction site injury
Seek medical care and report the accident. If it is safe, take photos of the dangerous condition and collect witness information. Keep your medical records, accident reports and other documents.
A property owner may be responsible for failing to address a known danger. However, the facts will determine who may owe you compensation. Tennessee law also sets deadlines for many injury claims. Acting promptly can help protect your legal options.
