Three people were hospitalized with injuries the afternoon of June 30 after an unsecured scaffolding at a condominium complex under construction crashed into the patio of a nearby bar. According to a report on Gothamist.com, three people were injured in the scaffold collapse including one 33-year-old woman who sustained critical injuries. Two others suffered serious but not life-threatening injuries, officials said. The critically injured woman’s father told reporters that his daughter was hit in the back of the head and is now on a breathing tube at a local hospital.
Stop Work Order and Violations
The source of the falling metal scaffold poles was a new, 12-story development on Fourth Avenue and Carroll Street known as Parlour Condominiums. Heavy winds were reported in the area at the time. Gothamist reports that the project has received dozens of violations from the New York City Department of Buildings in recent months including one in May for failing to certify the correction of an “immediately hazardous” condition. The Department of Buildings has issued a stop-work order on June 30 after the most recent scaffolding collapse.
According to an ABC news report, the Department of Buildings has issued four code violations to the developer of the condo project. In its statement, the city agency said it would take “all enforcement actions necessary to hold accountable those responsible for this collapse.”
The department also said its inspectors were back on the site July 1 performing a top-down inspection of the entire building to ensure that there are no potential hazards for the workers or the public. The scaffold company for the project reportedly cleaned up the debris and was making repairs to the structure. The Department of Buildings has issued a Full Vacate Order to the bar because of the damage to the glass skylights on the roof of the building.
This is the second incident in one month involving construction debris hitting bystanders or pedestrians. On June 11, two pedestrians suffered injuries after being struck by falling bricks in Midtown Manhattan. In that case, the scaffold came loose sending bricks from the façade crashing down onto the sidewalk and sidewalk shed while the workers dangled. The two pedestrians who were struck suffered leg injuries.
In New York City, construction activity tends to use scaffolding to a great extent. Ironworkers, steelworkers, carpenters, masons, laborers or electricians usually need to work from an elevation or height by using scaffolds, platforms, ladders etc. to carry out their tasks.
When it comes to scaffolding collapses, there are several parties that may potentially be held liable for construction site injuries involving bystanders or pedestrians. Construction companies including contractors and sub-contractors have a responsibility to ensure that scaffolds and other structures at a construction site are properly secured so they don’t pose a danger to workers, visitors or pedestrians who are passing by the worksite.
There are a number of safety standards set forth by the Occupational Safety and Health Administration (OSHA) addressing safety on and around scaffolds at a construction site. The law requires construction companies and/or contractors to inspect the scaffold and scaffold components before each work shift for problems that may affect the structural integrity as well as for any visible defects. Supported scaffold platforms shall be fully planked or decked.
In such cases where negligence or carelessness is involved on the part of the construction company, contractors, building owner, etc., injured bystanders or passersby can seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, cost of hospitalization, rehabilitation, permanent injury, disabilities, past and future pain and suffering, etc. Liable parties in such cases may include construction companies, general contactors, sub-contractors, property or building owners/managers, manufacturers of defective products, etc.
Contacting an Experienced Construction Accident Lawyer
Whether you are a construction worker who has suffered injuries in a construction site accident or a bystander or pedestrian who has been injured by falling debris from a construction site., 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, and also fight hard to recover just compensation for you.
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. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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 and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been 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
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