Most people walking down a city sidewalk don't think twice about the construction happening overhead. They trust that the workers, contractors, and property owners have taken the necessary precautions to keep the public safe. A recent San Francisco jury verdict is a powerful reminder of what can happen when that doesn't occur.
According to reporting by the San Francisco Chronicle, a San Francisco jury recently awarded more than $20.7 million to a woman who suffered a traumatic brain injury after a metal construction stud fell from scaffolding during renovations outside the Courtyard by Marriott San Francisco on Second Street in 2019. The woman was sitting outside the hotel when she was struck. The jury ultimately found the contractors responsible.
While every case depends on its own facts, the verdict highlights an important area of California law that many people don't think about until they or someone they love is seriously injured: premises liability.
I've represented clients injured by unsecured materials in a variety of settings, from construction sites to retail stores, and these cases often involve severe head injuries because victims have little or no warning before impact. Although the circumstances differ, many of these accidents raise similar questions about whether appropriate precautions were taken to protect the public.
Construction Hazards Aren't Limited to Workers
When people hear about construction site accidents, they often picture injuries suffered by workers on the job. Those injuries are certainly common, but construction projects can also pose serious risks to people who have nothing to do with the work itself.
Pedestrians walking on public sidewalks, customers entering nearby businesses, hotel guests, bicyclists, and delivery drivers may all pass directly alongside active construction sites every day. Construction materials, tools, scaffolding components, unsecured debris, and demolition materials can become dangerous projectiles if not properly secured or if adequate overhead protection is not provided. Even an object dropping from only a few stories above can generate tremendous force by the time it reaches the ground, making catastrophic head injuries a real possibility.
Construction Safety Includes People Outside the Work Zone
Under California premises liability law, property owners have a legal duty to maintain their property in a reasonably safe condition. During construction projects, that duty often extends beyond the property itself.
General contractors, subcontractors, property managers, and others involved in the project may also have legal responsibilities to protect pedestrians and other members of the public from foreseeable hazards created by the work.
Safety measures may include properly securing building materials, installing overhead protection or sidewalk canopies where appropriate, using debris netting or other containment systems, restricting pedestrian access around hazardous work areas, conducting regular safety inspections, and correcting dangerous conditions before someone is injured.
Exactly what precautions need to be taken depends on the nature of the project, the work being performed, and the risks involved. The important point is that companies performing construction work can’t simply assume people walking nearby will avoid the danger on their own.
Why Falling Objects So Often Cause Brain Injuries
Throughout my career representing seriously injured Californians, I've seen firsthand how traumatic brain injuries can change a person's life significantly.
Whether the object is a piece of construction debris, a tool dropped from scaffolding, falling merchandise in a retail store, or an unstable display, victims often have little or no opportunity to react before impact.
Someone struck may initially believe they suffered only a bump to the head, only to develop worsening headaches, dizziness, memory problems, vision changes, balance issues, or cognitive difficulties over the following hours or days. More severe traumatic brain injuries can permanently affect a person's ability to work, drive, communicate, or live independently.
Head and neck injuries are especially common because most overhead impact accidents occur while a person is standing, walking, or reaching, leaving little opportunity to protect themselves. Depending on the weight of the object and the height from which it falls, victims may also suffer skull fractures, spinal injuries, broken bones, or other catastrophic injuries.
Because symptoms of a traumatic brain injury aren't always immediately obvious, anyone struck in the head should seek prompt medical evaluation, even if they initially believe they're "fine."
The Law Doesn't Give Construction Projects a Free Pass
After a serious accident, most people are understandably focused on getting medical care and beginning the recovery process. Questions about why the accident happened often come later.
That's where the facts become important. Not every accident near a construction site is the result of negligence, and the mere fact that construction was taking place doesn't automatically mean someone is legally responsible. But California law does require property owners and contractors to take reasonable precautions to protect people who may be exposed to foreseeable hazards created by their work.
When someone is struck by construction debris or another object from above, the investigation often examines how the material came loose, what safety measures were in place to protect the public, and whether reasonable workplace safety practices were followed before the incident occurred.
Contact Choulos, Choulos & Wyle
If you or someone you love has suffered a traumatic brain injury or another serious injury after being struck by falling construction debris, merchandise, or another object, the personal injury attorneys at Choulos, Choulos & Wyle have decades of experience representing seriously injured people throughout San Francisco and California. We handle premises liability claims involving dangerous property conditions, as well as traumatic brain injuries and other catastrophic injuries.
These cases can raise difficult questions about who controlled the property or worksite, what safety precautions should have been in place, and who may ultimately be responsible for the injuries. We can investigate what happened and help you understand your options under California law.
Call (415) 432-7290 for a free consultation, or contact Choulos, Choulos & Wyle online to learn more about how we can help people injured because of dangerous conditions on someone else's property. There is no cost to speak with our firm about what happened and no obligation to move forward.
This article is for general informational purposes and does not constitute legal advice. Every case depends on its own facts, and you should consult a licensed attorney regarding your specific situation.
