As mentioned, there are many reasons why a pedestrian can be injured in or near a construction site. Damaged pavement can cause a serious fall. Falling objects or loose tools may land on a pedestrian, causing serious injuries. Inadequately marked crosswalks can cause a pedestrian to be hit by a car. Children may wander into a construction zone that should be blocked off to pedestrians and become seriously hurt.
A general contractor has a basic duty of care to maintain their construction site in reasonably safe conditions, or at the very least provide enough warnings about any potentially hazardous conditions. The standard for determining an appropriate level of care is: a contractor must take the same precautions that any reasonable contractor would take given the same or similar circumstances. Failure to do so may result in liability.
There are other types of circumstances in or near a construction site that can cause harm to a pedestrian once a project has already been completed. For example, objects may not be properly secured and then fall to the ground below. Or a designer may have made a mistake while designing a railing that later causes the railing to fall down to the streets below and hurt someone.
A personal injury claim can be filed in these types of situations. As with all personal injury cases, there must be an element of negligence. Basically, did negligence play a significant factor in causing injury to a pedestrian? And if so, how?