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Can I sue a construction company for not properly preventing passage in a dangerous area?


I was walking home from a bar in downtown Grand Rapids, MI. I went down a street with heavy construction. The sidewalks appeared fine and there was no signs or barricades. Suddenly I fell and scrapped my face really bad. The sidewalk just ended into dirt, sand, and ruble. I could have even had worse injury. I am really upset that the road and sidewalks were not properly blocked to prevent passage. I am afraid that I could need surgery to fix facial scaring.

This was at night, on a really steep hill. I wasn't negligent, part of the sidewalk just ended into a ditch and then continued on after. It was just a section of sidewalk.

It sounds like you may be able to recover since there were no warning signs or barricades. However, if you were drinking, they are certainly going assert that you contributed to your injuries. I'm not sure about the contributory negligence law in MI, but contact a lawyer and he'll be able to tell you whether you have a valid claim.

Probably not. Someone else creating a dangerous or unsafe condition does not alleviate your responsibility to exercise due caution. It sounds like you were not watching the ground and looking where you were going. Hey, I've been distracted and walked right into a few utility poles in my day, but I have to take the blame for not exercising proper care to prevent injury to myself. Also, there is no law in most jurisdictions requiring paved sidewalks. Many areas still have dirt pathways or missing sections of sidewalk and it is perfectly lawful.

I would say that you have a suit if there were no warning signs or barricades. The fact that you just came from a drinking establishment will not help your case though. The defendant's attorney will definitely use that fact in their defense.

Ah nope. You need to watch where you are going. If you where not paying attention, then what good would have a sign even done. Best of luck with your surgery.

yes, but let this be a lesson to watch where ur going....that, is not their fault.

You don't necessarily have to file suit. Contact the construction company, and file a claim. They will report the matter over to their insurance company. The insurance company will complete their investigation. Since a general contractor and many sub-contractors are involved, this could take a while. There are many contracts to secure and review.

The adjuster will let you know if they or one of the subs will accept liability. However, it sounds as if the condition of the sidewalk was 'open and obvious'. This being the case, you had the duty to watch out for your own safety and simply avoid the hazard. If there were no warnings, and/or the defect was hidden, then you may be able to recover, but I would bet money on it that you will have some comparative negligence deducted from any settlement.

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