A pedestrian suffered head injuries after a construction fence fell over and struck her in the head in Manhattan. According to an ABC7 news report, a construction fence in front of a six-story building on West 144 Street and Broadway injured the pedestrian when it fell over and landed on the sidewalk. The victim’s granddaughter said her grandmother was walking when she was struck in the head by the fence and ended up underneath a car.
DOB Issues Violation
Officials said the victim was taken to a local hospital for treatment of her injuries.
New York City Department of Buildings (DOB) officials said the building was undergoing permitted renovations to repair damage related to a 2017 fire. The DOB issued a violation to the contractor for failure to protect the public and also issued a partial stop work order for the permitted construction. They have ordered the contractor to remove the damaged fence and replace it with a new one. It is not clear what caused the fence to fall. The victim’s family members say there were strong winds at the time of the accident.
These types of construction accidents are not uncommon in New York City. Last year, a 67-year-old woman died after she was hit by a plywood piece that blew off a Queens construction site. Officials said the woman was walking down Main Street near 41st Road in Flushing when she was hit by the thin 3-foot-by-2-foot piece of aluminum-covered wood. The piece was reportedly blown off the scaffolding of grocery store that was being remodeled.
Responsibility of Contractors
The DOB has issued clear statements that property owners, property managers, some contractors and crane operators are required to take safety measures during high winds. New Yorkers are encouraged to call 311 to report non-compliant conditions or 911 to report emergencies at construction sites or buildings. New Yorkers who suspect that a building or property has been structurally compromised should call 911.
Construction companies and managing agents are required to take steps to prevent debris from striking workers, pedestrians and passersby. They must secure material and all loose debris at the worksite. All electrical equipment must be covered and secured. Loose tools should be safely stored in a toolbox so they don’t fall or fly away and strike another worker or a passerby. Netting, scaffolding and sidewalk sheds should be properly built and/or secured. Construction fences should be braced and secured as well. Whenever wind speeds reach 30 mph or greater, crane operations should be suspended.
Liability Issues
There are several parties that may be held liable for construction site injuries. In such cases, these include parties that have a responsibility to ensure scaffolds and other structures at a construction site are properly secured so they don’t pose a danger to workers, visitors or pedestrians at or near the worksite. Liable parties may include construction companies, general contractors, sub-contractors, property or building owners/managers, manufacturers of defective products, etc.
Injured bystanders or passersby here 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. Those who have lost loved ones in such cases may be able to file wrongful death lawsuits seeking compensation as well.
Contacting an Experienced Lawyer
Whether you are a construction worker who has suffered injuries at a construction site or a bystander or pedestrian who has been injured by falling debris, 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/or 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.
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1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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Source: https://abc7ny.com/woman-struck-by-fence-construction-department-of-buildings-falls-on-pedestrian/10381378/