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Got hurt walking through a construction zone? Know your rights

On Behalf of | May 27, 2025 | personal injury |

You weren’t climbing scaffolding or sneaking past a “Do Not Enter” sign — you were simply walking on the sidewalk, passing by the construction site like you always do, until something went wrong. Maybe no one posted a warning about the loose gravel, or maybe the temporary ramp tilted just enough to send you off balance. Regardless of how it happened, you’re now dealing with the aftermath of an injury in a place that should have been safe.

So, what rights do you actually have when you’re hurt walking through a construction zone?

What duties do construction crews and property owners owe you?

When a construction zone spills into public space — even temporarily — the people in charge must make sure you are not at risk. That doesn’t just mean throwing up a single caution sign and calling it a day. It means maintaining safe walkways, setting up proper barriers or cones and warning you clearly about what to expect as you pass through. If they ignore those duties and you get hurt, that failure is exactly where your rights start to come into play.

Who might be responsible for your injury?

Responsibility does not always fall on a single person or company, and it doesn’t always come down to whoever was swinging the hammer that day. The general contractor might’ve mismanaged the site, the property owner could have failed to maintain safe access or a city agency may have skipped inspections.

The point is, someone should have made sure walking through the zone wouldn’t put you in harm’s way. If they didn’t, you have the right to hold them accountable.

What actions can help protect your right to file a claim?

If you are still unsure about whether to pursue a claim, it’s important to start protecting your rights right away. That means seeing a doctor, even if the injury seems minor — because what feels like soreness today could turn into something more serious tomorrow. 

If you can, take photos of the area, note anything that looked unsafe or went unmarked and file a report as soon as possible. These small steps go a long way later, especially if the people responsible try to deny what happened.

If this happened to you, what should you do now?

You don’t need to map out your entire next move right now. You can start by recognizing that you have rights, and those rights matter. Whether you’re still in pain, trying to figure out who was in charge or just unsure how to talk about what happened, it’s okay to take things one step at a time. When you’re ready, asking the right questions or speaking with someone who understands these kinds of situations can help you get the clarity you need.

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