Falling Object Accident Lawyer in Manhattan

How Tools & Materials Fall on Construction Sites

These accidents can occur during demolition, elevated work, equipment operation, or the movement of loads by cranes and hoists. Workers may be struck by dropped tools, unsecured materials, equipment, or debris released from a higher level.

The source and purpose of the object can shape the legal analysis. Material being hoisted or secured for construction presents different issues from a pre-existing building component that falls because of a dangerous property condition.

New York Labor Law Section 240 & Falling Objects

New York Labor Law Section 240 requires covered owners and contractors to provide certain safety devices for covered construction work involving elevation-related risks. These devices can include hoists, slings, ropes, pulleys, and braces used to lift, secure, or support materials and equipment.

Section 240 doesn’t apply simply because an object fell. A viable claim generally requires a significant elevation-related risk, an object that needed hoisting or securing for the work, and a causal connection between the accident and a missing or inadequate safety device. An object striking a worker also presents a different legal analysis from a worker falling from a scaffold, ladder, or other elevated surface.

When Other New York Construction Laws May Apply

If Section 240 doesn’t govern the accident, other legal theories may apply. New York Labor Law Section 241(6) can provide a basis for a claim when the violation of a specific New York Industrial Code rule contributes to an injury during covered construction, demolition, or excavation work.

New York Labor Law Section 200 addresses workplace safety duties. Its application often depends on whether a party controlled the work or knew, or should have known, about a dangerous site condition. Common-law negligence and premises liability may also apply based on supervision, control, notice, and the cause of the accident.

Potentially responsible parties may include:

• Property owners: Their duties under applicable construction laws.
• General contractors and construction managers: Their project authority and control over site safety or work practices.
• Subcontractors: Their work, materials, employees, and responsibility for the area involved.
• Equipment providers: The condition or operation of equipment used to move or secure the object.

Evidence After a Manhattan Construction Site Accident

The object’s original position, the distance it fell, the worker’s assignment, and the safety devices at the site can affect which laws apply. Identifying the companies involved can also reveal a potential third-party claim separate from workers’ compensation.

Useful worksite evidence can include:

• Photographs or video of the object, accident area, and safety equipment.
• Incident reports, medical records, work assignments, and witness information.
• Records for hoists, cranes, scaffolds, or securing devices connected to the work.
• Project documents identifying owners, contractors, subcontractors, and equipment providers.

Seek medical care and report the accident through the required workplace channels. Keep copies of available records, and don’t sign paperwork you don’t understand before obtaining legal advice.