Determining who is liable is the key in a construction accident lawsuit

Construction projects in New York City present some additional challenges that go over and above the same type of projects in other cities.  Projects almost always have a vertical component to them intensifying the level of danger for construction workers.  And unfortunately, each year, countless workers are injured on the job due to accidents such as falls, electrocutions, being crushed or struck by any number of objects on a job site.

Virtually every accident is due to negligence in some shape or form.  Workers who suffer injuries or are killed on jobsites may haverecourse to seek damages by filing workers’ compensation claims against several parties, which allows them to be reimbursed for medical bills, lost wages and other related expenses.  They may be able to file a separate lawsuit for pain and suffering as well.

The biggest challenge a lawyer may face when dealing with a construction accident is trying to prove who is liable.  On the surface, this may seem like a simple task, but on a big construction project, there are many people who may share liability.  Determining which entity to hold responsible can be difficult.

Property owners – sometimes property owners turn over control of a job site to a general contractor. Other times, they retain control.  This is a good place for an attorney to start.

A general contractor – If control of a site is ceded to a general contractor, they may or may not retain control.  In some instances, they may turn over partial control to any number of sub-contractors.

Sub-contractors – Electricians, plumbers, glaziers, or ironworkers may create an unsafe environment for their particular part of the job, making them the responsible party if an accident takes place.

Engineers – Sometimes, safety flaws begin in the design process, which can be traced all the way back to architects and engineers.

Equipment manufacturers – Construction accidents involving cranes seem to make headlines on a regular basis in New York City.  This is a classic example of an equipment manufacturer who may have brought defective equipment to a job site, or it may be a case of the general contractor allowing the use of the crane during a time when it was not safe to do so, maybe due to high winds or in heavy rain or snow.

Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities.  Contact us for a free consultation at (212) 267-6557.