Personal Injury Lawyers Bethesda, MD
Personal injury lawyers Bethesda, MD residents trust know better than anyone that the last thing anyone expects is for a child to fall victim to an accident. Watching your child suffer pain, regardless of the circumstances can be incredibly painful. As a parent, all you will want is to take that pain away from them. If your child was injured while on a construction site, you may be wondering whether you may be able to take action. In a number of situations, you may be able to pursue a personal injury claim. But what happens if your child was trespassing on a construction site? Is the construction company liable for damages?
Trespassing
According to personal injury lawyers in Bethesda, MD, tn the majority of situations, a property owner may not be held responsible for injuries obtained from someone who was trespassing on their property. If a person is trespassing, a property owner will not be given the opportunity to warn the trespasser of any potential hazards on the property that they should avoid. It can be difficult for a property owner to anticipate when their property may be trespassed, meaning that this would disallow them from being able to even warn a trespasser. This means that in the majority of situations a property owner may not be held responsible.
An Important Exception
However, as personal injury lawyers in Bethesda, MD may inform you, one big exception to trespassing is whether or not the property owner was aware that there were people trespassing on their property. If trespassing is occurring on a regular basis, the property owner may be held responsible for any injuries that were obtained on the property. Depending on the hazards around the property, it will be up to the property owner to display signs of warning around the property. The same would go for a construction site. A construction site should have signage posted warning trespassers of the dangers.
Attractive Nuisance
Personal injury lawyers from Bethesda, MD may also suggest that when a child tresspasses, taking legal action may look different. A construction site poses as an attractive nuisance. This may allow you to hold the property owner liable for your child’s injuries. An attractive nuisance is often a man made structure that may attract children to it. Examples of attractive nuisances are:
- Construction Sites
- Swimming Pools
- Heavy Machinery
A construction site may be attractive to a child because there are a number of things that might interest them such as heavy machinery, things to climb, etc. This however does not apply to just any child. Your child’s age or intellectual capacity may be considered during the legal process. This doesn’t necessarily mean that an older child wouldn’t qualify under attractive nuisance. As most experienced personal injury lawyers in Bethesda, MD will tell you, your specific situation will largely come into play.
Putting a Stop to Trespassing
A construction company has a duty to take measures that would mitigate the likelihood of trespassers at the site. This may help to protect property owners of a construction site should they face a lawsuit. Here are some examples of specific measures that may be taken:
- Installing a fence around the construction site
- Installing cameras and lights
- Lighting the area
- Securing any heavy machinery at the end of each day
- Posting signage that warns trespassers
Despite this, when a child is involved the rules and laws governing trespassing may look a bit different. You may want to consult with personal injury lawyers in Bethesda, MD for their guidance regarding the best way to manage a case of trespassing that involves a minor.
Taking care of an injured child while also making attempts to secure damages will certainly be a lot to manage. An attorney may be able to review your case and work out a strategy that works best for you.
If your child has suffered an injury from a construction site, it may be in your best interest to contact Cohen & Cohen to set up your free consultation with personal injury lawyers Bethesda, MD residents are proud to have in their midsts.
