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Who is Liable if I Have Been Injured While Walking by a Construction Site in New York?

A 2015 report stated that at least one passerby is injured per month in New York from construction work. Falling debris can injure or kill innocent pedestrians who are just trying to get to work or pick up their kids from school. Not only is this unacceptable, but it also has the potential to get worse. Construction site debris often falls without hitting anyone, but the potential hazards are still plain to see. Parked cars are also frequently smashed beyond repair by falling construction equipment and debris.

If you have been injured as a passerby of a construction site in New York, it is important to take legal action as soon as possible. When average citizens pursue lawsuits against these construction companies, they make New York safer for everyone. Lawsuits can force construction companies, property owners, and contractors to adopt stricter safety policies.

While workers’ compensation programs allow construction workers to gain compensation for their injuries, it’s not always clear how to receive compensation as a pedestrian. Enlist the help of a quality attorney, and you can figure out how to move forward in an efficient manner.

Types of Pedestrian Construction Injuries

There are many different hazards that can cause pedestrians to suffer injuries in New York:

  • Falling tools

  • Falling poured cement

  • Falling plywood

  • Slips and falls due to improper cleanup and maintenance of the areas/sidewalks around the construction site

  • Collapsing scaffolding

  • Falling glass

  • Collapsing floors or walls

  • Inhalation of toxic fumes or materials

  • Falling debris of any kind

These various situations may result in slightly different lawsuits. For example, a slip and fall lawsuit is handled somewhat differently compared to other types of personal injury claims in New York City.

Who is Liable for My Injuries?

There are a number of potential entities that you may be able to hold liable for your injuries as a passerby in New York.

  • The construction company

  • Individual workers

  • Contractors

  • Subcontractors

  • Property owners

  • Third-party companies

  • Manufacturers of construction equipment

Proving Negligence

One of the most important things in all personal injury cases is proving negligence. Construction sites must all follow strict guidelines set forth by the state and the OSHA. These include:

  • Posting clear warning signs

  • Installing proper fencing

  • Not conducting work outside of the designated construction zone

  • Keeping objects away from ledges

  • Adding netting to prevent falling objects

  • Installing scaffolding

If you can prove that the construction site violated any of these guidelines, the construction site will be found liable for your injuries and you will likely receive compensation. To help prove negligence, it is important to act quickly and team up with an experienced attorney as soon as possible. You should also try to take photographs of the construction site. Gather other documentation such as medical reports if possible.

Get Legal Help Today

Construction workers are not the only ones who suffer injuries as a result of construction work, and they should not be the only ones who receive compensation for their injuries. Construction sites are a genuine hazard for New Yorkers, and these construction companies need to be held accountable. Reach out to The Glassman Law Group today, and we will help you seek justice.


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