Who Do I Sue After a NYC Construction Accident?
December 23, 2024 in Construction Accidents
If you’ve been injured on a construction site, you might be wondering who you can sue and how to proceed, consulting an experienced construction accident lawyer in NYC is the first step in determining liability.
Below, the experienced personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo discuss what to do following a construction accident in NYC to increase your odds of a successful personal injury claim.
Potentially Liable Parties in a Construction Accident
Liability in construction accidents is rarely straightforward. Multiple parties may be involved, and identifying who is responsible requires a careful investigation of the circumstances surrounding the incident. Here are some of the most common parties that could be held accountable following a construction accident in NYC:
- General Contractors and Subcontractors
General contractors and subcontractors are typically responsible for ensuring the safety of the construction site. This includes complying with safety regulations, providing proper training to workers, and addressing hazards promptly. If a contractor fails to meet these obligations and their negligence leads to an accident, they could be held liable.
For example, if a subcontractor neglects to secure scaffolding properly, causing it to collapse, they may be responsible for the resulting injuries. A skilled New York construction accident attorney can help identify whether contractors failed in their duty of care.
- Property Owners
The property owner may also share responsibility for a construction accident. Under New York’s Labor Law Section 240, commonly known as the Scaffold Law, property owners and contractors can be held strictly liable for certain types of injuries involving falls from heights or falling objects. This law is designed to protect construction workers and ensure accountability for unsafe conditions.
If a property owner knew about dangerous conditions on the site but failed to address them, they could be named in a lawsuit. However, determining an owner’s liability can be complex, especially if ownership is shared or leased to other entities.
- Equipment Manufacturers
Defective machinery or tools are common causes of construction accidents. When equipment malfunctions due to design flaws, manufacturing defects, or inadequate warnings, the manufacturer or distributor could be held liable under product liability laws.
For instance, if a worker is injured because a crane fails due to a mechanical defect, the equipment manufacturer might be responsible. Identifying and proving equipment defects often requires expert analysis, which a **construction accident lawyer in NYC** can arrange as part of your case.
- Employers
In most cases, employers are shielded from lawsuits under New York’s workers’ compensation laws. Workers’ compensation provides benefits to injured employees regardless of fault, covering medical expenses and a portion of lost wages. However, workers’ compensation does not allow you to sue your employer directly for additional damages like pain and suffering.
There are exceptions to this rule. If your employer’s intentional misconduct or gross negligence caused the accident, you may have grounds to pursue a separate legal claim. Discussing your case with an attorney can clarify your options.
- Third Parties
Other third parties, such as architects, engineers, or delivery drivers, may also contribute to construction accidents. If their negligence played a role—for example, if an engineer failed to design a safe structure or a delivery driver created a hazard on-site—they could be held liable.
Steps to Take After a Construction Accident
If you’ve been injured in a construction accident, taking the right steps can strengthen your case and protect your legal rights:
- Seek Medical Attention: Your health and safety come first. Document all injuries and follow through with recommended treatments.
- Report the Accident: Notify your employer and file a formal report. Ensure the details are accurate and include information about how the accident occurred.
- Document the Scene: Take photos or videos of the accident site, equipment, and any visible hazards. Collect contact information from witnesses who saw the incident.
- Consult a Construction Accident Lawyer: An experienced New York construction accident attorney can evaluate your case, identify liable parties, and guide you through the legal process.
Why Choose a NYC Construction Accident Lawyer?
After a construction accident, the last thing you want to do is deal with multiple liable parties and complex legal standards. A construction accident lawyer in NYC can help you investigate the accident and gather evidence to support your claim, determine which laws apply to your case, and negotiate with insurance companies to secure fair compensation for your injuries. Most cases are settled before trial, but if a settlement cannot be reached your attorney can help you file a lawsuit and take the responsible party to court.
If you’ve been injured in a construction accident, don’t go at it alone. Contact an experienced New York construction accident attorney to explore your options and pursue compensation.
Contact an Experienced NYC Construction Accident Lawyer at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.