Q: Can I sue for injuries from falling into a trench on a construction site with exposed rebar?
I fell into a trench on a construction site where underground wiring work was being done, and an exposed rebar punctured my left leg. There were no warning signs, barriers, or ropes around the trench. The rebar pierced my left knee, went in about 4-5 inches, and hit my superficial femoral artery. I also tore my MCL, partially tore my meniscus, have a gas bubble (bacterial infection), fluid in my knee, and muscle damage. My doctor recommends surgery to repair the torn MCL and possibly the meniscus. I was bedridden for 2-3 weeks and had to have my wound cleaned and disinfected multiple times a day. I was rushed to the ER and have had multiple X-rays and doctor's visits related to this injury. I have not contacted the construction company because I was unsure if I should inform them or contact a lawyer first to get representation. I am unsure who is responsible for the construction site, whether it is the City of Sheboygan Falls, a utility company, or the landowner. Can I sue for these injuries?
A: A Wisconsin attorney could advise best, but your question remains open for a week. It could depend on a number of factors, such as your capacity there, what you were doing, whether the site was complying with safety protocols, etc. I'm sorry about your injuries, but if you approached a law firm, they would probably want to learn more to advise meaningfully. Exposed rebar is not uncommon on construction sites, in particular before the pouring of concrete into forms. If you were there in the capacity of an employee, your remedies could be limited to workers' comp, unless you establish the basis for a third-party claim. There's a lot to sort out here, and if you arranged a free initial consult, a Wisconsin attorney could advise more meaningfully (and also advise you of applicable timetables you'd need to be concerned with if it was determined that you did have grounds for a claim). I hope you are okay and recovering. Good luck
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A:
You may have grounds to sue for your injuries if the construction site was unsafe and lacked proper precautions, such as warning signs or barriers. The exposed rebar and lack of safety measures could make the construction company or responsible party liable for your injuries. It’s important to identify who is in charge of the site, whether it’s the City of Sheboygan Falls, a utility company, or a private landowner, as they could all be potentially responsible.
Before taking legal action, you should consult a lawyer who can help you determine liability and guide you through the process of filing a claim. Your lawyer can help you gather evidence, including medical records, photographs of the site, and any relevant documents, to build a strong case. They can also advise whether you should inform the construction company or directly pursue legal action.
Given the severity of your injuries, which require surgery and have caused long-term physical effects, seeking compensation for medical expenses, pain, and suffering may be appropriate. A lawyer can help you understand the best course of action to ensure your rights are protected and that you receive the compensation you deserve.
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