Construction Accident
The construction industry is a very dangerous industry for trade workers who often put their life and safety on the line when they go to work and risk construction accidents. In large cities such as New York City where new high rises are constructed on a weekly basis, developers, business ventures, owners, general contractors and sub contractors often place the bottom line ahead of worker safety. Most recently on September 1, 2016, we saw what can happen when owners and general contractors put money above safety. Two workers were severely injured when an “I” beam fell from the floor above where they were working and struck them. One workers leg was severely fractured and another worker fell through the floor onto the floor below suffering significant personal injuries. Click here to see the story.
A construction accident is often times a catastrophic accident for the victim and their family. The heavy machinery and dangerous conditions can be complicated by the failure of the contractor and subcontractors to follow safety protocol. The laws in this area are complex and increases the importance of speaking to an attorney experienced in these matters.
Construction Accident Attorney
When this happens to you or a loved one, you need someone who will fight to obtain the compensation you deserve. Please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620, where an attorney with a proven track record of holding responsible parties accountable for their negligence can speak with you about your case.
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Gravity and Construction Sites
The obvious thought that comes to mind when thinking about how gravity can play an important role in construction site injuries is a construction worker falling to the ground from an elevated position. An equally important and equally dangerous scenario arises when objects fall from an elevated position. The New York Courts have placed an emphasis in ensuring that adequate safety devices are employed when hoisting or lifting materials so that the materials remain secure and the danger to the workers below is decreased significantly. Rocovich v. Consolidated Edison Co., 78 N.Y.2d 509, 577 N.Y.S.2d 219 (1991).
In a perfect world, proper safety devices would always be used on construction sites. In the real world, however, construction companies are focused on maximizing profits. This means that timelines must be followed and deadlines must be met. Sometimes in all the haste, safety protocol and procedures are ignored. The New York Courts have taken an interesting perspective on the harm caused by falling objects on a job site. In Runner v. N.Y. Stock Exch., Inc., 13 N.Y.3d 599, 604, 895 N.Y.S.2d 279, 282 (2009), the Court of Appeals turns the focus of whether “..the harm flows directly from the application of the force of gravity to the object.” Under these guidelines, actually being struck by the object may not even be a prerequisite to a cause of action.
Labor Law Attorneys
If you or a loved one have been injured in a construction accident, please call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a Labor Law attorney today!
Inspecting new constructions
One good reason to have a newly constructed home inspected for defects:
New York law provides every purchaser of certain newly constructed homes with a statutory home warranty (the “Housing merchant implied warranty”). However, the warranty only covers certain latent (hidden) defects.
The Warranty statute states that:
“Unless the contract or agreement by its terms clearly evidences a
different intention of the seller, a housing merchant implied warranty
does not extend to….any patent defect which an examination ought in the circumstances
to have revealed, when the buyer before taking title or accepting
construction as complete has examined the home as fully as the buyer
desired, or has refused to examine the home.”
In other words, the statutory warranty does not cover patent (obvious) defects that the purchaser should have discovered before the closing.
Therefore, it is best to discover all patent defects before the closing. This will give the purchaser and his/her real estate attorney more leverage to negotiate an agreement with the seller regarding the repairs.
As always, the Law Firm of Vaughn, Weber & Prakope, PLLC is here to assist you. Contact us at (516) 858-2620.
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