Legal remedies for injuries and death from New York crane accidents
Unfortunately, crane accidents in the city can injure construction workers as well as people who live and work in the surrounding space, passersby and passengers in nearby vehicles.
It’s almost impossible to scan the New York City skyline without seeing multiple cranes of various sizes and types used in various stages and types of construction projects. Due to the density of the city and the resulting vertical nature of our buildings, the crane is an important, necessary construction tool that must be handled according to safety rules, regulations and best practices to keep people safe from dangerous accidents that can otherwise happen.
Nature of crane injuries
Unfortunately, injuries and fatalities related to crane use include those involving falls, falling debris or equipment, tipping, electrocution and more. Types of and reasons for New York crane mishaps include:
- Tipping, collapsing or falling from high winds, or from unbalanced or inadequate supports, mats or anchors, including failure to analyze whether the underground structure and soil provide proper support and stability
- Defective manufacture or design
- Negligent maintenance or repair
- Inadequate operator training, experience or certification
- Unbalanced, overloaded or inadequately attached loads or counterweights
- Failure to follow manufacturer assembly, disassembly or operational instructions
- Missed or inadequate inspections
- Improper leveling on slopes
- Failure to account for impact of rain, cold temperatures, snow and ice on supporting ground and crane’s structural materials
- Failure to keep people out of the swing area or provide timely warnings and routes for leaving the swing area
- Lack of personal protective equipment (PPE), including rubber boots and gloves for protection from electrocution
- Contact with power lines from failure to work with power company or providing adequate spotters or alarms\
- Failure to comply with federal Occupational Safety and Health Administration (OSHA) regulations or with state or local safety standards
Involve legal counsel early
Seeking the advice of a New York lawyer sooner rather than later is a good idea for several reasons. First, the attorney can launch an investigation into the accident while evidence and memories are still fresh. Second, the injured party could otherwise miss lawsuit and other filing deadlines. Third, counsel can help communicate with involved insurance companies, government agencies and even law enforcement.
The lawyer will then analyze the circumstances to determine what legal remedies may be available to get compensation for the victim for medical, financial and personal losses. Legal remedies available will vary with the circumstances and may include:
- Workers’ compensation
- Lawsuit under the New York Scaffolding Law
- Lawsuit based on negligence, premises liability or products liability
- Wrongful death
A crane accident can cause very serious injuries that should receive immediate and comprehensive medical attention. The victim should concentrate on healing, while the survivors of a crane-related death of a loved one will face grief, potential emotional turmoil as well as financial concerns. Experienced legal counsel can handle the legal matters so their client can concentrate on recovery and related personal concerns.
The personal injury attorneys at Subin Associates, LLP, in New York City represent the injured victims of crane accidents throughout the five boroughs as well as the surviving loved ones of those killed in this way.