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Ney York scaffold laws and construction accidents

Falls from a height and falling objects number among the more common types of construction accidents. They also bear the risk of very serious injury and even death.

New York State’s scaffolding laws, codified in Labor Law Section 240, aim to set up safeguards to protect construction workers from dangerous conditions that might lead to falls.

Violation may lead to liability in injury cases

The laws set forth requirements for fall protection procedure and equipment, weight-bearing capacity for scaffolds, placement of safety rails and openings and other specific instructions designed to make working on scaffolding safer. However, what makes New York’s protection unique is that the law imposes strict liability on a defendant who violated its provisions. Strict liability means that, unlike in most personal injury cases, a worker who gets injured under the purview of this law does not have to prove negligence.

Typically, an injured person pursuing a lawsuit must prove the defendant acted negligently and thus caused the injury. A typical defense in such cases is that the injured person caused their own injury. In construction cases, the defendant may accuse the worker of failing to follow procedure or otherwise acting carelessly.

No need to prove negligence

In a strict liability case under the scaffold law, the legal approach differs. If the law covered the type of construction project in question, the owner failed to follow the law’s safety requirements and a worker was injured in the kind of accident the law was designed to prevent, the law says the owner is liable.

The law thus eliminates arguments about whether one or both parties were negligent and whose negligence actually caused the injury. This is important due to practical considerations. The truth is that, while defendants in construction cases can be quick to point an accusatory finger at a worker’s carelessness, they themselves are often to blame for a work environment that encourages shortcuts.

You may have a better case than you think

If you or a loved one sustained a workplace accident, speaking with an experienced attorney can tell you more about your options. Do not make the mistake of assuming you do not have a case because you fear you may have contributed to the accident in some way.

 

Verdicts &
Settlements

$3.75 Million

settlement for a construction worker injured by falling metal mesh

Verdicts & Settlements

$3.5 Million

Million for a carpenter injured on a construction site by a falling metal clamp

Verdicts & Settlements

$3 Million

for a 35 year old Carpenter injured when his arm became partially impaled on an improperly exposed metal support (rebar) at a construction site.

Verdicts & Settlements

$2 Million

for a woman who sustained multiple serious injuries after being struck by a hit and run driver in Manhattan.

Verdicts & Settlements

$1.825 Million

Verdict for a 29 year old construction worker injured during the building of the World Trade Center Memorial.

Verdicts & Settlements

$1.475 Million

for a Carpenter who was injured when the scaffold he was working upon collapsed.

Verdicts & Settlements

$1.2 Million

for a 35 year old Cement and Concrete worker from Queens who sustained serious injuries to his back when he slipped on debris and refuse.

Verdicts & Settlements

$1.2 Million

for a Construction worker and young father in the Bronx who was fatally electrocuted while on a scaffold.

Verdicts & Settlements

$950,000

for two sisters in high school who sustained serious injuries when struck by a vehicle that mounted the sidewalk in Brooklyn as they waited for the bus to take them to school.

Verdicts & Settlements

$825,000

for a woman injured as a passenger in an accident involving a bus and a car in the Bronx.

Verdicts & Settlements

$777,000

for an Ironworker on Long Island who sustained serious injuries when he fell from a ladder which slid out from under him due to icy footing.

Verdicts & Settlements

$750,000

for a surgeon who sustained a broken knee in a motor vehicle accident (January, 2017).

Verdicts & Settlements

$660,000

verdict for a 35 year old Cement and Concrete laborer who was injured when the scaffold he was walking upon collapsed.

Verdicts & Settlements

$650,000

for a cement and concrete worker who slipped and fell over construction debris.

Verdicts & Settlements

$650,000

for a Cement and Concrete worker who injured his back as a result of slipping upon a discarded pipe and falling down a flight of steps.

Verdicts & Settlements

$500,000

for a Nursing Home resident injured due to lack of proper care.

Verdicts & Settlements

$325,000

for a woman who sustained multiple serious injuries to her shoulder as a result of a trip and fall upon a defective sidewalk at a construction project in Manhattan.

Verdicts & Settlements

$250,000

verdict in the exact amount demanded by our office for our client, but refused by the responsible defendants, was awarded by the jury to our client who sustained a fractured elbow as a result of a fall upon a badly broken sidewalk.

Verdicts & Settlements

$325,000

for a young woman who sustained a fractured ankle as a result of a fall on soapy steps in her apartment building in the Bronx.

Verdicts & Settlements

$495,000

for a young mother who was struck by a car while crossing the street near her home in Queens sustaining serious injuries to her leg requiring the surgical placement of a metal plate and screws.

Verdicts & Settlements

$600,000

for a woman who sustained multiple injuries as a passenger in a motor vehicle accident.

Verdicts & Settlements

$425,000

was secured by our office for a Cement and Concrete worker injured when a work area collapsed beneath him.

Verdicts & Settlements

$400,000

for a woman struck from behind by a car as she walked to a supermarket in a shopping center parking lot in Yonkers.

Verdicts & Settlements

$200,000

for a young man, 15 years of age, who sustained a partial tear of the rotator cuff of his right shoulder, which has now healed without any limitation upon his activities.

Verdicts & Settlements

$325,000

for a school principal in the Bronx who tripped and fell over a construction plate in the school parking lot.

Verdicts & Settlements

$300,000

for a young Cement and Concrete worker who was struck by falling debris dislodged from a building by a swinging crane.

Verdicts & Settlements

$250,000

for a Cement and Concrete worker injured as a result of a fall at a Manhattan construction site.

Verdicts & Settlements

$300,000

for a school teacher in the Bronx who sustained an injury to her shoulder when she tripped and fell due to negligently placed computer wiring.

Verdicts & Settlements

$275,000

to a Construction laborer doing bridge work whose arm was fractured when falling construction material caused him to fall into the East River and onto debris.

Verdicts & Settlements

$450,000

for a child injured when a table fell on him in a laundromat in Queens.

Verdicts & Settlements

$450,000

verdict for a Volunteer Firefighter in Westchester who sustained injuries in the course of fighting a fire.

Verdicts & Settlements

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