You are a lawyer asked by a local construction company for a legal opinion on the following
Question:
You are a lawyer asked by a local construction company for a legal opinion on the following case:
The local business is constructing a new underground parking garage which involves extensive excavation and digging work.
For safety and security concerns, the construction company erected tall metal fencing and installed a locked gate. There are also numerous warning signs, such as "keep out", "Danger"
Over a long weekend, a group of youths climbed over the fencing to get a closer look at the actual construction site.Two of the youths fell as they were about the reach the other side. They fell into the dug hole of some 50 feet deep, and suffered serious and life-long injuries, perhaps partial paralysis.
The youths were drinking alcohol at a local sports bar and may also have been high on cannabis. One of the two youths who fell is already susceptible to injury because of a previous injury.
As a lawyer advising the construction company, what is your position on this case, specifically:
1. Is the construction company responsible to the injured parties?
2. To what extent, if any, are the injured parties responsible?
3. What damages can the injured parties expect, if any?