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Dangerous Property / Jun 06,2023

Who is responsible for improperly fenced-in properties? 

Improperly fenced-in properties pose significant risks to public safety and are a matter of concern in various settings, including construction sites, swimming pools and in-construction homes. Fencing serves as a crucial safety measure to help prevent unauthorized access and mitigate potential hazards.

It is, therefore, important to identify the responsible parties in such cases to help ensure accountability and prevent accidents or injuries. Read on to explore the stakeholders involved and their responsibilities when properly fencing these properties.

Property owners and developers responsible for injuries

Property owners and developers play a fundamental role in helping ensure the safety of their premises. They are primarily responsible for implementing appropriate safety measures, including installing proper fencing around construction sites, swimming pools or in-construction homes. 

Therefore, compliance with local regulations and building codes that outline the specific requirements for fencing these types of properties is of utmost importance. Failure to adhere to the necessary safety measures and regulations can have severe legal implications for the responsible parties.

Construction companies and contractors

In the case of construction sites and in-construction homes, construction companies and contractors also bear a significant level of responsibility. They are responsible for implementing safety protocols and helping ensure the construction area is adequately fenced off to prevent unauthorized entry. 

It is their duty to establish secure boundaries and maintain them throughout the construction process. Cooperation and effective communication among all contractors is crucial to help ensure the construction site remains secure.

Pool owners and operators

For swimming pools, the responsibility lies with the pool owners and operators. They must adhere to relevant safety regulations and guidelines, which often include specific requirements for pool fencing. 

Pool owners and operators should ensure that a sturdy fence with appropriate height encloses their pools to help prevent accidental drowning, especially for young children. In cases where accidents or injuries occur due to improper fencing, the responsible party may face costly lawsuits, compensation claims and damage to the organization’s reputation.

Property owners, construction companies and pool owners all have critical responsibilities in helping ensure that these areas are adequately enclosed and meet the required safety standards. When someone is injured because a fence wasn’t properly erected or maintained around a clear hazard, it may be time to seek legal guidance. Contact the premises liability lawyers at Flesch & Beck for a free consultation.

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