With their big yellow machines, giant piles of dirt, rock and lumber, and secret hiding places galore, it's no wonder that construction sites make the list of most common attractive nuisances.
Attractive nuisance cases involving construction sites have included:
- Falls through holes in unfinished second floors
- Injuries sustained on heavy equipment parked at construction sites
- Injuries caused by falling piles of lumber, stone or sheetrock
- Injuries or drowning deaths following falls into trenches, pits and even dumpsters
In some cases, courts have ruled that construction sites are immune from attractive nuisance laws, siding with the builders and construction companies who contend that their business need for maintaining temporarily hazardous conditions and the cost of securing or removing those conditions outweigh the potential risks involved.
More recent cases have overturned those rulings, arguing that the attractive nuisance doctrine gives builders an incentive to minimize dangers to children, and that construction sites should be evaluated on a case-by-case basis according to the same five principles applied to any attractive nuisance case.