How to Prove Liability in a New York Construction Accident Case
Construction sites can be dangerous places to work, even more so when contractors, owners and developers don’t take the proper steps to minimize hazards and provide workers with the proper safety gear and equipment to work in a reasonably safe environment. If you or a loved one has been injured in a construction accident in New York, Leandros A. Vrionedes, P.C., is intimately familiar with the law and legal process required to hold responsible parties accountable for the physical, financial and emotional harm caused by a construction accident. Contact our experienced New York personal injury lawyer for help after a construction accident injury in NYC.
Understanding Construction Accident Liability in New York
New York State has specific laws and regulations governing construction site safety, including the New York State Labor Law Sections 200, 240(1), and 241(6). These laws provide protection to construction workers and impose liability on various parties, including property owners, general contractors, and subcontractors. Understanding these laws provides a pathway toward proving liability after an accident.
1. Labor Law Section 240(1) – The Scaffold Law.
This law protects workers involved in height-related tasks. It requires that proper safety equipment, such as scaffolding, ladders, and harnesses, be provided to prevent falls. If a worker is injured due to a fall from a height or by a falling object, and it is found that the safety equipment was inadequate or missing, the property owner and contractor can be held absolutely liable for the injuries. A thorough knowledge of the statute is key to showing the worker was engaged in a covered activity yet not provided with necessary safety devices.
2. Labor Law Section 241(6)
This section mandates that construction sites adhere to specific safety rules and regulations outlined in the Industrial Code. If a violation of these regulations leads to an injury, the property owner and contractor can be held liable. Proving liability requires identifying the specific rule or regulation the comprehensive yet convoluted New York Codes, Rules and Regulations (NYCRR), and showing how it was violated.
3. Labor Law Section 200 and Common Law Negligence
Section 200 codifies the common law duty of employers to provide a safe working environment. If an accident occurs due to a dangerous condition on the site that the owner or contractor created, knew of, or should have known about, they can be held liable under this law and common law negligence principles.
To successfully prove negligence in a New York construction accident case, the following elements must be established:
- Duty of Care. Demonstrate that the defendant (e.g., property owner, contractor) had a duty to provide a safe working environment.
- Breach of Duty. Show that the defendant failed to meet this duty, either by violating specific safety regulations or by failing to address known hazards.
- Causation. Establish a direct link between the breach of duty and the accident that occurred, proving that the defendant’s negligence directly led to the injuries.
- Damages. Provide evidence of the injuries and damages sustained as a result of the accident, including medical expenses, lost wages, and pain and suffering.
Collecting Evidence to Prove Construction Accident Liability
Gathering comprehensive evidence is crucial in proving liability. This may include:
- Photographs of the accident scene and the injuries.
- Witness statements from co-workers and bystanders.
- Expert testimony from safety experts or medical professionals.
- Medical records documenting the extent of the injuries.
- Accident reports and OSHA investigations that may highlight safety violations.
Get Skilled Legal Assistance From New York Construction Accident Attorney Leandros A. Vrionedes
Proving liability in a New York construction accident case can be complex, requiring a thorough understanding of state laws and regulations. If you or a loved one has been injured in a construction accident, it is important to seek the assistance of an experienced personal injury attorney. At Leandros A. Vrionedes, P.C., we have a proven record of successfully representing construction accident victims and ensuring they receive the compensation they deserve. Call us today at 212-889-9362 for a free consultation to discuss your case and explore your legal options.
