NYC Falling Debris Accident Attorney

Falling debris accidents are alarmingly common in NYC’s construction industry. These accidents often result from a lack of safety measures, OSHA violations, scaffolding mishaps, or faulty equipment — all preventable circumstances that should never occur on a well-managed site.

If you are grappling with medical bills, lost wages, and the uncertainty of what comes next, you find yourself bearing the burden of someone else’s negligence. Property owners, construction companies, and third parties have a legal duty to ensure worksite safety, and they should be held accountable when they fail to fulfill this duty.

At Richman Law Firm PLLC, we know how personal injury and premises liability laws work in New York City. Our experienced team will fight for compensation and protect your rights every step of the way.  Contact us today for a free consultation.

Common Causes of Falling Debris Accidents

The hustle and bustle of the construction industry often leads to falling debris accidents. Let’s break down some of the most common causes:

Lack of Safety Measures: Safety should be the top priority on any construction site. When safety measures are ignored or not adequately enforced, the risk of falling debris accidents increases dramatically.

OSHA Violations: The Occupational Safety and Health Administration (OSHA) sets strict guidelines for construction site safety. Violations can lead to dangerous conditions and falling debris accidents.

Scaffolding Accidents: Scaffolding is a common item at New York City construction sites. However, if not properly maintained or secured, it can collapse or cause debris to fall, leading to serious injuries.

Faulty Equipment: Construction equipment must be regularly inspected and maintained. Defective equipment can break or malfunction, causing debris to fall unexpectedly.

Recoverable Damages

You’re likely facing significant financial burdens if you’ve been injured in a falling debris accident due to someone else’s negligence. With a personal injury or premises liability lawsuit, you may be able to recover damages — that is, financial compensation for these costs. Recoverable damages in these cases may include:

Medical Expenses: include immediate and future medical costs related to ongoing care or rehabilitation.

Lost Wages: If your injuries forced you to take time off work or reduced your ability to work, you can seek compensation for these lost wages.

Loss of Enjoyment of Life: If your injuries have permanently affected your ability to enjoy life as you did before the accident, you may be entitled to additional compensation.

Pain and Suffering: Compensation for physical pain and mental distress caused by your injuries.

Third-Party Claims

Even if you receive workers’ compensation, you may still be able to file a lawsuit against a third party if their negligence contributed to your accident. For instance, if a subcontractor or equipment manufacturer was at fault, you could file a third-party claim against them.

By initiating a third-party claim, individuals who have been injured can pursue damages for economic losses, such as medical expenses and lost income, as well as non-economic damages, like pain and suffering.

Liability in Falling Debris Accidents

Determining liability can be a complicated process in the aftermath of a construction site injury. However, it can directly affect your claim. Here’s what you need to know:

Property Owners’ Responsibilities: Property owners must maintain safe conditions on their premises. This includes ensuring that construction sites are secure and safety measures are properly implemented to prevent falling debris accidents.

Construction Companies’ Duties: Construction companies are responsible for training employees, providing appropriate safety equipment, and following OSHA guidelines. They can be held liable for any resulting accidents if they fail in these duties.

Multiple parties may sometimes share liability for a falling debris accident. For example, if a property owner failed to secure a site and a construction company violated OSHA guidelines, both could potentially be held responsible. Our NYC personal injury lawyers can help you understand the best path forward.

Negligence in Falling Debris Accidents

Negligence is key in many personal injury cases, including falling debris accidents. Essentially, negligence occurs when someone fails to meet the standard of care that would be considered reasonable under similar circumstances.

Examples of negligence in falling debris accidents could include failing to secure materials properly, not providing adequate safety equipment, or ignoring OSHA regulations.

Personal Injury Lawsuits Vs. Premises Liability Lawsuits

Following a falling debris accident, construction workers often wonder whether to pursue a personal injury lawsuit or a premises liability lawsuit.

A personal injury lawsuit may be filed when someone’s negligence directly causes your injury. This could mean that a construction company failed to secure materials properly or violated safety regulations, leading to your injury.

On the other hand, a premises liability lawsuit is filed when an unsafe condition on someone’s property causes your injury. Property owners who fail to maintain safe working conditions on their construction site and that results in an accident that causes injuries are grounds for a premises liability claim.

It’s important to note that these are not mutually exclusive — in some cases, you may have grounds for both types of lawsuits. Determining which type of claim to pursue can be complex and depends heavily on the specifics of your case.

Construction Accident Labor Laws

New York State has some of the most strict labor laws in the country, designed to protect construction workers from the various hazards they face on the job. Here is a summary of the most relevant laws:

Section 200: This section codifies the common law duty of property owners and contractors to provide a safe working environment. It mandates that construction sites be maintained to ensure all workers’ safety, including the proper placement and securing of materials to prevent a falling object accident.

Section 240 (Scaffold Law): Perhaps the most well-known, this law requires contractors, owners, and their agents to provide proper protection to workers involved in elevation-related tasks, such as working on scaffolds, ladders, or other raised platforms. This includes securing materials and tools to prevent them from falling and causing injury to workers below.

Section 241:  Outlines specific safety requirements for construction, demolition, and excavation work. It mandates that all areas in which construction is performed must be constructed, shored, equipped, guarded, operated, and conducted to provide adequate protection and safety to the workers.

Common Injuries from Falling Debris

The injuries resulting from falling objects can range from minor to severe — and in some cases, they can be fatal. Here are some common injuries associated with falling debris accidents:

Head Injuries: Falling debris often strikes victims on the head, leading to serious injuries such as concussions or skull fractures.

Traumatic Brain Injuries (TBI): More severe head injuries can result in TBI, which can have long-term effects on cognitive function and quality of life.

Broken Bones: The force of falling objects can easily break bones, particularly if it strikes an arm or leg.

Spinal Injuries: A falling object can cause serious damage to the spine, potentially leading to paralysis or other long-term mobility issues.

Wrongful Death: In the most tragic cases, falling debris accidents can result in wrongful death.

Contact Us for a Free Consultation

If you’ve been injured in a falling debris accident, don’t face this challenging time alone. Reach out to us at Richman Law Firm PLLC for a free consultation. We will review your case, explain your options, and help you understand what to expect from the legal process.

Led by Scott Richman, a New York construction accident lawyer, our goal is to ensure that those responsible for your injuries are held accountable and that you receive fair compensation.