Attractive nuisances are manufactured conditions on your property, vacant site or active site after hours that draw trespassers, particularly children and minors. Construction sites pose significant attractive nuisance hazards. The general contractor on the site can be held liable for any injuries trespassers sustain due to these conditions.
Construction employers can prevent entrance onto worksites and discourage trespassers from getting hurt. Failing to take measures to prevent the entry or injury of trespassers creates a serious risk for anyone who may enter and exposes the construction company to liability.
Risks of Attractive Nuisances
Attractive nuisances pose physical safety risks to trespassers. Examples of attractive nuisances on construction sites include:
- Unstable walls or scaffolding that invite climbing
- Heavy machinery that is accessible
- Trenches, pits or ditches that pose fall and cave-in hazards
- Chemicals, equipment and tools that are left unsecured
Failing to prevent injury to those on the site, including trespassers, may result in several exposures for construction companies. Employers can face lawsuits if trespassers are injured, potentially leading to financial losses, such as insurance claims and regulatory fines, as well as costly project delays. Unsafe conditions and a lack of risk prevention practices can also damage a construction company’s reputation and erode the public’s trust.
Risk Prevention Strategies
Even if they do not own the property, construction employers are responsible for maintaining safe premises for everyone who enters the worksite—whether authorized or not. Employers should have the following safety measures in place to prevent injuries due to attractive nuisances:
- Secure the site. Install gates and fencing that cannot be easily climbed, and place visible “No Trespassing” signage. Surveillance systems and flood lighting in poorly lit areas further deter unauthorized entry.
- Control hazards. Cover or barricade trenches, walls, and other unstable features. Lock away tools, equipment, chemicals, and safety gear at the end of each shift to prevent tampering. Ensure ladders and machinery are properly secured.
- Maintain the premises. Regularly fix cracks or gaps in walkways, maintain safe working conditions for employees, and install alarms or security doors to strengthen site protection. Rescue equipment should also be available in case of emergencies.
- Train employees. Educate workers on the risks of attractive nuisances, reporting protocols and the importance of vigilance in maintaining site safety.
- Engage with the community. Notify nearby residents, schools and municipalities about potential hazards to raise awareness and reduce risks.
Despite strategies to reduce risks of attractive nuisances, accidents can still happen on the worksite. Construction employers should ensure they secure adequate commercial general liability coverage to provide financial protection against attractive nuisance claims.
Contact us to see how you could minimize risk:
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