Situations where property owners or contractors are potentially liable for injuries
Falling objects and debris can cause injuries at construction sites, but not every instance of a worker being injured by a falling object is subject to a lawsuit.
What types of objects often fall and injure construction workers?
Material such as bricks, mortar, a hoist, a hammer, equipment, a plank, a collapsing scaffold or construction debris are examples of falling objects.
What New York law applies to falling objects and debris injuries?
New York Labor Law Section 240 is the law that provides attorneys with a basis for taking legal action in cases that seek compensation for workers injured by falling objects or debris.
When objects are being lifted or hoisted and fall on a worker, the court may hold the owner or general contractor liable, especially when a construction device is faulty or when safety precautions were not in place or being properly followed.
What kinds of situations involving falling objects generally do not incur liability for owners and general contractors?
A light object that falls a very short distance and hits a worker may not be applicable in a falling object case. Significant damage must exist to bring a case, otherwise litigation can be cost prohibitive. When materials that are part of the building itself, such as a brick from the building falling on the worker, injury from this type of accident may not be covered under Labor Law Section 240. When no safety violations occur, grounds for a case may not exist, but this depends on the situation.
How do negligence or safety violations relate to proving a case?
When a construction worker has not been properly trained or was not properly supervised and due to this negligence, an object falls from a height and is heavy enough to significantly injure a worker, you may have grounds for a lawsuit. Perhaps the general contractor failed to observe that the wind or wet weather conditions made surfaces too slippery and dangerous for construction work. As a result, a worker slips and knocks an object off a scaffold, which injures a worker below him. In instances where an OSHA violation causes a falling object injury, lawyers often have grounds to pursue a personal injury lawsuit.
When to Seek Legal Help
Construction site injuries require case evaluation from an experienced injury lawyer. At Sackstein Sackstein & Lee, LLP https://sacksteinlaw.com, we offer a free initial consultation to discuss your injury and evaluate how we can assist you.