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How is liability determined after a falling object injury in New York City?

In New York City, it can be difficult to determine which party is responsible for a falling object injury. Generally speaking, anyone who was negligent and allowed you to get hurt on the job site could potentially be responsible for your falling object injury. Some of these parties include:

  • Property owners
  • Construction companies
  • General or subcontractors
  • Architects or engineers
  • Manufacturers of certain construction equipment
  • City or government agencies 

In accordance with New York Labor Law 240, also known as “scaffold law”, these parties have a duty to protect workers from falling objects and they can be held fully accountable if there is any violation. At the Law Offices of Michael S. Lamonsoff, we will do a full evaluation of your case and determine which parties should be held responsible. These New York state labor laws were put in place for a reason; to protect victims.

If an accident happened on the job, can I still bring a lawsuit?

Yes, you absolutely can still bring a lawsuit. In New York state, there are Workers’ Compensation laws, which limit the amount an employer will need to pay in the event of an accident. However, on a job site, there can be parties other than your employer that are present, such as contractors, subcontractors, and property owners. Even if you are not employed by these parties, they are still responsible for maintaining the job site that you are working on and ensuring that you are in a safe working environment in accordance with New York Labor Laws 200, 240, and 241(6). These parties would not be covered under any sort of Workers’ Compensation laws, and a lawsuit could be brought against them for a violation of these New York Labor Laws.

New York’s Labor Laws and how they help victims get compensated for their injuries

Another powerful labor law in New York is Labor Law 241(6). Under New York Labor Law 241(6), there is a duty imposed on property owners, contractors, architects, and even manufacturers of equipment that all provisions of the New York State Industrial Code are being complied with. Specifically, Rule 23 of the New York State Industrial Code is commonly violated by these parties, which pertains to such matters as PPE, drinking water and sanitation, lumber, nail fastening, tools, explosives, cranes, power-operated equipment, improper use of chemicals, and structural steel assembly. For example, if the lumber used on a job site is not secure, and a worker trips over it resulting in an injury, then you can hold someone accountable for a violation of both Rule 23 and New York Labor Law 241(6).

New York’s Labor Laws were enacted to protect the rights of workers, while also serving as a reminder to property owners, contractors, architects, and equipment manufacturers that they will be held accountable if they do not ensure that a construction site is free of any sort of hazards that could result in a falling object accident. If you were injured as a result of a falling object, you have a right to hold the responsible party, or parties, accountable, and must call the Law Offices of Michael S. Lamonsoff immediately. 

What types of injuries are caused by falling objects?

There are many different types of injuries that are caused by falling objects, with most of them being severe. Some common injuries caused by falling objects include: 

  • Head and brain injuries, such as a concussion
  • Broken bones
  • Eye-related injuries
  • Spinal injuries
  • Limb dismemberment
  • Crush injuries
  • Shoulder and knee tears
  • Death 

Many of these injuries require surgical procedures and extensive treatment, with some resulting in permanent damage. Due to the potential severity of these injuries, consulting with the Law Offices of Michael S. Lamonsoff is crucial to ensure that your accident is properly handled and you receive maximum compensation.

What are the most common causes of falling object injuries in New York?

There are many different causes for falling object injuries in New York. Some of the most common causes of falling object injuries in New York include: 

  • Improperly placed construction equipment and tools
  • Improper shelving for materials
  • Loads that are too heavy or improperly secured
  • Faulty construction design
  • Lack of supervision
  • Inadequate safety procedures and training
  • Hidden or unknown defects. 

As soon as you arrive at your free case evaluation, we will go over the accident in great detail and discuss next steps.

How long do I have to file a lawsuit after I get hurt in NYC?

In New York State, the statute of limitations to bring a lawsuit for a falling object accident occurring on private property is three years from the date of the accident. As soon as the accident occurs, the statute of limitations begins. However, if the accident occurs on a municipal property, and the municipality can be held responsible, you must serve a legal document referred to as a Notice of Claim on the appropriate parties within 90 days of the accident. If this is not done, then New York State law will prohibit you from bringing a lawsuit. For these reasons, you must immediately call the Law Offices of Michael S. Lamonsoff so we can get your lawsuit and eventual compensation underway.

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