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Bronx Construction Site Fall Attorney
Injured from a Fall at a Construction Site in the Bronx?
Construction sites are dangerous places, and falls are one of the most common types of accidents that can occur. If you or a loved one has been injured in a construction site fall, it is important to seek the help of an experienced personal injury attorney. At Dansker & Aspromonte Associates LLP, we have a team of skilled attorneys who can help you get the compensation you deserve for your injuries.
With years of experience in personal injury law, our firm has a proven track record of successfully representing construction site fall victims in the Bronx. We understand the unique challenges of these cases and know how to navigate the legal system effectively.
Common Causes of Construction Site Falls
A construction site fall refers to an incident where a worker or individual working on or visiting a construction site loses their balance or footing and descends from an elevated position to a lower level, often resulting in injuries. Falls are one of the leading causes of injuries and fatalities in the construction industry.
Common causes of construction site falls include:
- Lack of Fall Protection: Failure to provide adequate fall protection systems, such as guardrails, safety nets, or personal fall arrest systems (PFAS), can lead to falls from elevated work areas like scaffolds, roofs, or elevated platforms.
- Unprotected Edges: Open edges without proper guardrails or protective barriers can be hazardous. Workers can accidentally step or walk off these edges, leading to falls.
- Unsafe Ladders and Stairs: Using damaged or improperly secured ladders and stairs can result in falls. Ladders should be the right size, in good condition, and used on stable surfaces.
- Slippery Surfaces: Wet or slippery surfaces due to rain, snow, or spilled materials can cause workers to lose their footing and fall.
- Holes and Excavations: Unmarked holes or unguarded excavations on construction sites pose a significant risk. Workers can unknowingly step into these openings and fall.
- Unstable Structures: Construction materials, equipment, or structures that are not properly secured or stabilized can collapse, leading to falls or workers being struck by falling objects.
- Inadequate Training and Awareness: Workers who are not adequately trained in fall prevention techniques or are unaware of the hazards may be more susceptible to falls.
- Human Error: Simple mistakes, such as misjudging a step, losing balance, or not paying attention, can also lead to falls.
- Unsafe Behavior: Risky behaviors like not wearing appropriate personal protective equipment (PPE), ignoring safety protocols, or taking shortcuts can increase the likelihood of falls.
- Environmental Factors: Poor lighting, adverse weather conditions, and other environmental factors can contribute to falls by reducing visibility and stability.
- Inadequate Supervision and Communication: Lack of proper supervision and clear communication among workers can lead to unsafe conditions and behaviors that result in falls.
To prevent construction site falls, it's crucial to implement comprehensive safety measures, including regular safety training, proper use of PPE, maintaining equipment, and following established safety protocols. Employers and workers alike should be vigilant in identifying and addressing potential fall hazards to create a safer construction environment.
Determining Liability in a Construction Site Fall
In New York, liability for a construction site fall can extend to various parties depending on the specific circumstances and factors involved in the incident. Liability typically falls under personal injury or workers' compensation laws.
Here are some of the parties that can potentially be held liable:
- Property Owner: In some cases, the property owner of the construction site can be held liable for falls if they were aware of unsafe conditions on the site or had control over safety measures and failed to take reasonable steps to prevent accidents.
- General Contractor: The general contractor responsible for overseeing the construction project can also be held liable if they failed to implement proper safety protocols, ensure that subcontractors adhere to safety regulations, or if they created hazardous conditions.
- Subcontractors: Subcontractors or other parties working on the site may also bear responsibility if their actions or negligence contributed to the fall. For example, a subcontractor who fails to properly secure scaffolding could be liable if a fall occurs.
- Architects and Engineers: Design professionals can be held liable if a fall occurs due to design flaws or errors that create unsafe conditions on the construction site.
- Manufacturers or Suppliers: If a fall results from a defective product, such as faulty safety equipment or tools, the manufacturer or supplier of the product may be held liable under product liability laws.
- Employers: Employers have a responsibility to provide a safe working environment for their employees. If an employee falls while performing their job duties, they may be eligible for workers' compensation benefits, and the employer is generally protected from direct personal injury lawsuits. However, if the employer's gross negligence contributed to the fall, there may be exceptions.
- Others on the Site: Depending on the circumstances, other individuals on the construction site, such as visitors or subcontractors from different companies, may also share liability if their actions or negligence contributed to the fall.
- Government Entities: If the construction site is owned or controlled by a government entity and a fall occurs due to their negligence or failure to maintain safe conditions, they may be held liable under certain circumstances.
Keep in mind, New York has specific laws governing construction site safety, including the New York Labor Law, which provides additional protections for construction workers. Sections 200, 240 (commonly referred to as the "Scaffold Law"), and 241 of the New York Labor Law impose strict liability on property owners and contractors in certain situations, making them potentially liable for injuries resulting from falls at construction sites. These laws can influence the determination of liability in construction site fall cases.
How We Can Help
Our team understands that a construction site fall can have serious consequences, including medical bills, lost wages, and pain and suffering. We will work tirelessly to ensure that you receive the compensation you need to cover these costs and get your life back on track.
If you've been injured in a construction site fall, our attorneys can help you in the following ways:
- Investigating the incident to determine who is liable for your injuries
- Gathering evidence, including witness statements and medical records
- Negotiating with insurance companies to ensure you receive fair compensation for your injuries
- Representing you in court if necessary
Brain Damaged Child $50 Million
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Wrongful Death $21.5 Million
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Pedestrian Injury $10.3 Million
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