Every year, innocent people suffer injuries from falling objects in New York City’s bustling streets and construction sites. These incidents can lead to severe injuries, mounting medical bills, and lost wages.
With an experienced New York City premises liability lawyer, you can navigate your claim and seek compensation for your losses. At Ross & Hill, we help victims navigate the complex legal landscape of premises liability cases. In this guide, Ross & Hill will explain how a New York premises liability lawyer can help protect your rights and pursue compensation for your injuries.
Common Types of Falling Object Incidents in New York
The Bureau of Labor Statistics reports that 400 to 500 employees die from falling object incidents in the U.S. each year. Construction site injuries and other accidents involving falling objects can occur in various settings throughout New York City, given the area’s dense urban environment. Understanding these scenarios helps identify potential liability and safety concerns.
The causes of frequent falling object incidents include:
- Unsecured tools or materials at construction sites
- Improperly maintained building facades
- Falling merchandise in retail stores
- Debris from renovation projects
- Items falling from windows or balconies
Understanding Premises Liability Laws and Your Rights in New York
Property owners and managers must maintain safe conditions on their premises under New York Labor Law Section 240(1), commonly known as the “Scaffold Law.” This law provides protection for workers who face gravity-related risks, including falling objects. Additionally, New York Labor Law Section 241(6) requires construction site owners and contractors to comply with specific safety regulations outlined in the New York Industrial Code.
These laws, along with a few others, work together to protect workers in several ways:
- The Scaffold Law defines property owner responsibility, holding parties strictly liable for gravity-related accidents.
- Section 241(6) mandates proper securing of construction materials and tools.
- OSHA regulation 29 CFR 1926.501 requires adequate fall protection and debris containment.
- New York State Industrial Code Rule 23 establishes specific requirements for protection from falling objects.
These legal implications have already helped reduce construction incidents, with fatalities from construction incidents in New York decreasing by 25% between 2019 and 2020. These statutes can protect workers from unsafe conditions and denied claims, but you must understand the protections you’re granted. A New York premises liability lawyer understands that these cases require thorough investigation and documentation to establish liability under these statutes.
How Does Strict Liability Work?
Under New York’s Labor Law Section 240(1), strict liability creates a powerful form of protection for workers injured by falling objects. Unlike standard negligence cases, strict liability means you don’t need to prove the property owner or contractor was negligent. If a falling object injury occurs because proper safety measures weren’t in place, the property owner or contractor becomes automatically liable for your injuries regardless of any other factors.
This principle applies even if other parties, such as your employer or coworkers, contributed to the accident. For example, if tools fall from a scaffold and cause injury, the property owner may face strict liability even if your employer failed to provide proper safety training.
However, strict liability only applies to gravity-related accidents covered under Section 240(1). A New York premises liability lawyer can evaluate your case to determine whether strict liability applies to your situation.
Which Parties May Be Liable for Falling Object Accidents?
In New York falling object cases, multiple parties may bear legal responsibility for your injuries. The specific circumstances of your accident will determine which parties face liability under premises liability laws, labor laws, and general negligence principles. A thorough investigation often reveals that several parties failed to meet their safety obligations.
Potentially liable parties might include:
- Property owners who failed to maintain safe premises or provide adequate safety measures
- General contractors responsible for overall site safety and OSHA compliance
- Subcontractors who created hazardous conditions or failed to secure materials
- Construction managers overseeing site safety protocols
- Equipment manufacturers, if defective tools or safety equipment contributed to the accident
- Building management companies responsible for facade maintenance
- Scaffolding companies that installed inadequate protection systems
- Engineers or architects who designed insufficient safety measures
How a Brooklyn Premises Liability Lawyer Can Help Prove Property Owner Liability
Establishing liability in falling object cases requires proving several key elements. Your attorney will need to demonstrate that the property owner knew or should have known about the hazardous condition and failed to address it appropriately.
Critical factors in proving liability include:
- Documentation of unsafe conditions
- Witness statements
- Surveillance footage
- Maintenance records
- Building code violations
- Safety inspection reports
Compensation You Can Seek With Your NYC Premises Liability Lawyer
When you work with a New York premises liability lawyer, they will help you understand the various types of compensation available. In personal injury claims involving falling objects, you can typically seek compensation for the following:
- Medical expenses and ongoing treatment
- Lost wages and diminished earning capacity
- Pain and suffering
- Rehabilitation costs
- Property damage
- Emotional distress
Steps To Take After a Falling Debris Accident
Protecting your legal rights begins immediately after the incident. Following these steps strengthens your liability claims:
- Seek immediate medical attention: Even if you feel your injuries are minor, some symptoms may not appear immediately, and proper medical documentation establishes a clear link between the accident and your injuries.
- Document the scene with photos: Take clear pictures of the object that struck you, where it fell from, any safety violations you observe, and your visible injuries before conditions at the scene change.
- Report the incident to property management: File a formal incident report with the property owner or manager, but stick to basic facts about what happened without accepting blame or making assumptions.
- Gather witness contact information: Collect names and phone numbers from anyone who saw the accident occur. Their testimony may prove crucial in establishing liability.
- Keep all medical records and receipts: Save every document related to your medical treatment, including bills, prescriptions, diagnostic test paperwork, and documentation of missed work days.
- Avoid giving statements to insurance companies: Insurance adjusters may try to minimize your claim, so decline to provide recorded statements or sign any documents until you’ve consulted with an attorney.
Trust Ross & Hill To Fight for Your Rights
Understanding your legal options after falling objects cause injury can feel overwhelming.
Learn more about the leading causes of construction accidents, and then reach out to our team to discuss your case. If you need assistance with a premises liability case in Brooklyn, New York, contact Ross & Hill at (718) 855-2324.
Frequently Asked Questions About Falling Object Injury Accidents
Common questions arise when dealing with falling object incidents. Here are answers to help you understand your rights.
How Long Do I Have to File a Claim After a Falling Object Injury?
In New York, you typically have three years from the date of injury to file a premises liability claim. However, certain circumstances may affect this timeframe.
Who Can Be Held Liable for Falling Object Injuries?
Multiple parties, including property owners, construction companies, contractors, and maintenance companies, may be responsible for debris accidents.
What Evidence Do I Need for a Falling Object Injury Case?
Document everything possible for your falling object injury case: photos of the scene and your injuries, medical records, witness statements, and incident reports.
How Can a New York Premises Liability Lawyer Help My Case?
A New York premises liability lawyer will investigate your case, gather evidence, negotiate with insurance companies, and fight for fair compensation while protecting your legal rights throughout the process.