Deadly New York City Construction Site Accident Raises Questions About Liability
Under premises liability and New York labor laws, when construction workers are hired to work on construction projects, contractors and owners have a duty to ensure a safe work environment and safe premises.
NEW YORK, NY, July 18, 2012
A recent building collapse in New York City raises questions about premises liability and employer negligence. The Columbia University expansion project in the Upper West Side turned tragic after a building collapsed, killing one construction worker and injuring two others.On March 22, a one-story building was scheduled for demolition work, but according to at least one surviving construction worker, the building started collapsing before it was ready for demolition. Early in the morning, a mountain of concrete and other debris that "sounded like a bomb" partly or completely buried three workers, one of whom later died.
The cause of the collapse was tentatively identified as the contractor's removal of a support beam. The contractor had received multiple citations from the municipal construction regulator several weeks before the accident, including failure to notify the relevant municipal department of demolition work and failure to equip workers with protective harnesses. Allegations of wrongdoing and legal action are expected in the coming months.
Premises Liability in New York Construction Accidents
Construction accidents are among the most common causes of workplace injuries. When measured 10 years ago, there were over 1,200 fatal construction injuries and almost half a million nonfatal injuries in one year. Despite making up only 6 percent of the workforce, construction accidents account for 20 percent of the fatalities. Construction workers are often unaware of the safety choices and risks taken by other parties involved in the property or construction project, such as contractors and landowners.
Under premises liability and New York labor laws, landowners or possessors of land are generally responsible for injuries that occur on their land. When individuals enter the land at the owner or possessor's specific request for a specific purpose, the duty of care of the owner or possessor is even greater. Property owners and managers who fail to inspect or make sure their property is safe may be liable for part or all of a construction worker's resulting injury.
Where construction workers are hired to work on construction projects, contractors and owners have a duty to ensure a safe work environment and safe premises. When a worker is injured because the premises weren't safe or the employer did not take safety precautions, New York law dictates that the contractor or property owner are responsible.
Trolman, Glaser & Lichtman, P.C.
New York Law Firm Representing Workers Injured on Construction Sites