Falling Object Accidents

Attorneys in Westchester County Helping Injured Clients

When you’re working at a construction site, you face numerous hazards, especially since construction is considered one of the most dangerous occupations in America. In New York, including in Westchester County, there are special laws to make sure construction workers are safe and able to sue for damages when they are injured and certain circumstances are present. One common threat to worker safety are falling object accidents. Common falling objects at construction sites include debris, scaffolding, planks, bricks, hoists, tools, and lumber.

If you were injured in a falling object accident, you should consult an experienced construction accident attorney. You can always contact The Law Office of Mark A. Siesel for a free consultation so you can talk to a member of our team about whether you can recover damages.

Why Falling Object Accidents Are Common on New York Construction Sites

Falling object accidents happen on worksites because there are usually multiple levels of work. Some workers and some equipment may be on scaffolding, upper floors, or on cranes, for example, while other workers can be walking around at ground level. This can lead to many types of accidents, including:

• Tools or construction materials that are not properly secured on scaffolds, ledges, or scaffolding.
• Workers accidentally dropping items such as bricks, metal rods, or lumber from elevated work areas like rooftops or scaffolding.
• Improper use of hoists or cranes, which can cause objects to become dislodged while they are being moved.
• Accumulation of debris on construction floors or scaffolding, which can eventually cause objects to be dislodged.
• Inadequate personal protective equipment (PPE)—including incorrect use of helmets, harnesses, or other safety gear— which makes workers more vulnerable to falling objects.
• Materials that are poorly organized and left in unsafe locations, making them a hazard.
• Weather conditions, including wind, which can destabilize objects that are already precariously placed on scaffolds, roofs, or ledges.
• Inadequately built scaffolds, weak structural supports, or floors that aren’t fully secured and may give way under the weight of materials.
• Lack of caution signs around areas where heavy materials are being lifted or where overhead work is taking place.
• Failure of workers to follow safety protocols, such as neglecting to secure tools or materials properly.

No matter what kind of accident occurs, when objects fall from heights, they can gain a lot of speed and force, especially when they are falling from a significant height. On work sites, scaffolding and cranes can mean that objects fall from heights that make even small objects dangerous. However, construction sites also often have heavy materials at heights—including lumber, tools, metal bars, pipes, and other materials that can fall quickly and with a lot of force. Any laborers who are standing under such objects and are struck by them can suffer devastating injuries, including:

• Concussions, skull fractures, traumatic brain injuries (TBI), facial fractures, and other head injuries.
• Spinal injuries, which can include herniated discs and paralysis.
• Broken, especially affecting the arms, legs, ribs, and the pelvis.
• Sprains, strains, bruises, and contusions.
• Crushing injuries, including damage to internal organs, severe external bruising, and possible limb amputations.
• Lacerations and puncture wounds, often to the legs, arms, or head.
• Eye injuries.

One of the devastating things about falling objects accidents is that there is little time to get out of the way. It’s not uncommon for workers to suffer permanent disability or even fatalities in these situations. While workers’ compensation will pay for all reasonable care, it only pays for a portion of your lost income and does not take into consideration the total costs of your injury.

That is why it is important to consult with a construction accident lawyer. If you have a third-party claim, your attorney can help you seek compensation for pain and suffering, past and future medical expenses, past and future earnings and loss of earnings capacity, and any additional expenses. If you’re in the construction industry, getting compensation for loss of earnings capacity is especially important because your work is physically demanding, and any permanent injury can leave you unable to return to your work. You may need to take on a lower-paying role or may need to retrain for a new career, and compensation can help you make up the difference in earnings.

New York Labor Law Section 240

New York Labor Law Section 240 is often called the Scaffold Law. The law was intended to protect those who are injured in elevation-related accidents, where those accidents could have been prevented through protective devices. Section 240 often protects workers who fall from heights. However, it also protects workers from injuries caused by falling object accidents when the falling object is related to a substantial risk integral to the relative elevation at which materials or loads are to be positioned or secured. Under Section 240(1), owners, contractors and agents need to give workers safety devices that are placed, operated or constructed with the goal of properly protecting someone who is working to erect, demolish, alter, repair, point, clean or paint a structure.

A falling object accident by itself doesn’t establish a Section 240 violation. When an owner, contractor, or its agent fails to provide a safety device in connection with gravity dangers and this failure is the legal cause of the worker’s injury, the court can impose absolute liability. In order to establish liability in court, a lawyer will need to show that an object that was being hoisted or secured fell due to the inadequacy or absence of a safety device of the kind to which the statute refers. You might have a claim, for instance, if while you were working, a transformer that was not fully secured fell on you and you’d not been given proper safety devices to guard against that possibility.

In order to avoid liability under Section 240, the defendant will need to show there were safety devices available that you unreasonably did not use. A defendant may also be able to avoid liability by showing your actions were the sole legal cause of the falling object accident.

New York Labor Law 241(6)

New York Labor Law 241(6) specifies that areas of the site where demolition, excavation or construction are being performed need to be equipped, shored, constructed, operated, arranged or conducted such that they reasonably and adequately protect and safeguard people working there or legally frequenting the place. Based on this law, owners, general contractors and their agents have a nondelegable duty to comply with particular safety rules set out in Part 23 of the New York Industrial Code.

To recover damages under Section 241(6), you’ll need to be able to show your injuries were legally caused by a violation of a rule under Part 23 that applies, given the circumstances, and that the rule puts forward a firm standard of conduct that the owner or contractor was supposed to follow. If there was no specific violation of Part 23, there’s no liability under Section 241(6).

There are several Part 23 rules that may apply to falling object accidents. Under 12 NYCRR 23-3.3(b)(3), chimneys, walls, and other parts of a structure are not supposed to be left unguarded in a condition that would allow parts to collapse, be weakened, or fall due to vibration or wind pressure during a hand demolition operation. Under 12 NYCRR 23-3.3(g), floors within a structure that are subject to falling debris need to be boarded to stop someone from moving through that area or be cordoned off by a substantial safety rail or should be given overhead protection of tight planking or plywood of a certain thickness.

Consult a Seasoned Attorney in White Plains

If you were injured in a falling object accident at a construction site in White Plains or in Brooklyn, the Bronx, Queens, or anywhere in the Hudson Valley region, talk to lawyer Mark A. Siesel at The Law Office of Mark A. Siesel. You may be able to file a lawsuit for damages. Our team represents clients in Brooklyn, the Bronx, and Queens, as well as Westchester, Putnam, Dutchess, Rockland, Orange, Ulster, and Sullivan Counties.

Our team aggressively investigates your accident and pursues all liable parties and options for compensation. Most importantly of all, we treat you with the same care we’d treat a friend. That means we fight for compensation with the same rigour we’d use to fight for a close friend, while treating you with kindness and respect. We’re here to help you rebuild your life; not just to get you a check. Call us at (914) 428-7386 for a free consultation or complete our online form.