A large pane of glass from a Midtown construction site plummeted 17 stories and injured three people on the street below. According to a report in the New York Daily News, construction at the building on Fifth Avenue and East 28th Street dislodged the glass from the window and sent it crashing down. The pane, which shattered as it fell, hit two women, 33 and 23, and a 25-year-old man, who were all passing by. They were all treated for non-life-threatening injuries.
Pedestrians Hit by Construction Debris
These types of accidents where pedestrians get struck and injured by construction debris may sound rare or even freakish, but it occurs in New York City more often than we realize. In fact, at least once a month on average, a passerby is injured near a New York City construction site by objects ranging from falling bricks, glass, hammers and other debris. The New York City Department of Buildings reports that from 2008 through 2014, there were 96 construction accidents involving pedestrians and other passersby in the city resulting in 155 injuries.
Reports show that more than 75 percent of these accidents happened in Manhattan. Last year, 18 construction accidents involving pedestrians were reported, the most of any year since 2008. In 2014, 22 people were injured making that number the third-highest annual total on record. This most recent incident in Midtown Manhattan underscores the hazards passersby continue to face in the proximity of construction sites, especially the increased risk of getting hit by construction debris.
What Injured Victims Must Prove
In such cases, bystanders who are struck and injured by construction debris have grounds for filing personal injury lawsuits. In civil injury lawsuits, plaintiffs bear the burden of proof. This means plaintiffs must show that the defendants were negligent or reckless or committed a wrongful act. For example, the injured parties in a construction debris case may have to show that the construction company, property owners and/or property managers acted negligently and/or failed to use reasonable care while performing an action (or failing to act properly) that may potentially cause injury or harm to others.
Injuries and Damages
When falling objects or debris strike pedestrians, there is the potential for serious or even fatal injuries. The risk is much greater when the victim is hit on the head. In such cases, the person can suffer mild to catastrophic and/or traumatic injuries, ranging from a concussion to swelling or bleeding in the brain. Other common injuries sustained in such accidents include spinal cord trauma, broken bones, amputations and internal organ damage.
These are the types of injuries that often require extensive medical treatment, rehabilitation and even extended care, the costs of which may add up very quickly. A number of victims are also unable to return to work until they recover. Some are not able to return to work permanently, losing their jobs, careers and livelihoods. The value or worth of a case depends on the nature and extent of injuries and losses sustained by victims and their families.
Injured pedestrians in such cases may be able to hold a number of parties liable for the accident and resulting injuries. The defendant may be a construction company or a general contractor that failed to properly secure the worksite and ensure that it was safe not just for construction workers but also pedestrians and passersby. When there is a safety violation on the part of contractors or construction companies, plaintiffs may have more grounds for injury lawsuits alleging negligence. The defendant may also be a subcontractor or the manufacturer of a defective product that malfunctioned and caused the accident. Liability depends on whose negligence or wrongdoing caused or contributed to the incident.
Injured victims of these accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, cost of hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can also seek compensation by filing a wrongful death claim.
Contacting an Experienced Lawyer
If you or a loved one has been injured in a construction accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Our law firm recovered $3,375,576 for a construction worker (an undocumented immigrant) who was injured on the job – one of the highest construction case settlements in New York that year.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com
Source: New York Daily News