What if a Dangerous Condition at Work Injures a Bystander, Not an Employee?

 Posted on July 07, 2025 in Premises Liability

Construction sites, warehouses, and industrial jobs often involve dangerous conditions, including heavy machinery, toxic materials, unstable structures, and more. But what happens when a bystander, not an employee, is injured due to one of these hazards? Can you still sue for damages in Texas?

The answer is yes. Someone who is not employed at the work site but is hurt by unsafe conditions may have the right to file a personal injury claim. As of July 2025, Texas law allows injured bystanders to hold negligent parties — including employers, contractors, and property owners — accountable for preventable accidents even if they were not part of the job crew. To find out whether you have a valid case, speak with a qualified Dallas, TX personal injury lawyer.

Can a Non-Employee Sue After Being Hurt at a Work Site?

Someone who is not employed by the company or on the job site can still file a personal injury lawsuit if they are injured due to someone else's negligence at a work site. These types of cases are not workers’ compensation claims. Instead, they are typically third-party liability claims, meaning you are suing a person or company responsible for the unsafe condition.

Some examples of bystander injury situations include:

• A passerby struck by falling debris near a construction site

• A neighbor exposed to hazardous chemicals from an improperly sealed storage tank

• A delivery driver injured by a forklift in a warehouse

• A pedestrian injured by an unsecured work zone

Many Texas worksites are located near busy roads, apartment complexes, or pedestrian areas. That means when a company fails to take proper safety precautions, innocent people can be seriously hurt.

Who Can Be Held Responsible for the Injury?

Depending on the facts of your case, several parties may be liable. If an employer or property owner failed to maintain safe premises, they might need to pay you compensation for your damages. If a general contractor did not properly supervise the site, that person could be liable. A subcontractor whose negligence directly caused the hazard might be held legally accountable, and a manufacturer of defective equipment used on the job could also be held responsible for what happened to you. An experienced attorney can investigate to determine who is legally responsible and pursue compensation on your behalf.

What Damages Can a Bystander Recover?

If you were injured due to unsafe work conditions, you may be entitled to compensation for medical expenses (past and future), lost income if your injuries prevent you from working, pain and suffering, permanent disability or disfigurement, or property damage. Because Texas follows a modified comparative fault rule, your compensation could be reduced if you are found partially at fault, but you may still recover damages if you are less than 51 percent responsible.

Bystanders at work sites can be seriously hurt by unpredictable accidents. For example, if you are passing under scaffolding and the scaffolding breaks or materials fall and hit you, you could be badly injured through no fault of your own. However, if you are trespassing or otherwise doing something that contributes to your injuries, you may be held partly liable. 

Contact a Dallas County, TX Personal Injury Lawyer Today

If you or a loved one was injured near a worksite, do not wait to seek help. Contact a Dallas, TX personal injury attorney at Jerry D. Andrews, P.C. for a free consultation. We will investigate your case, explain your options, and fight for the compensation you deserve.

Mr. Andrews is board certified in personal injury trial law by the Texas Board of Legal Specialization, a distinction held by fewer than two percent of attorneys in the state. We handle every case on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

We also proudly serve the Spanish-speaking community of Dallas and Carrollton. Our staff speaks Spanish fluently and can assist you throughout the legal process in your preferred language.

Call 214-221-5800 today. You pay nothing unless we win.