Construction happens above, beside, and around New Yorkers every day. Cranes lift heavy materials over busy blocks, workers move equipment above sidewalks, and suspended scaffolds hang alongside buildings where people live and work. When something goes wrong overhead, someone who had nothing to do with the construction can suffer injuries.
Chopra & Nocerino represent injured New Yorkers in complex construction cases. Our New York City construction accident lawyers know how to investigate what happened and identify the parties behind the work. We are Real New Yorkers, and when unsafe construction hurts someone in our city, we take it personally.
- If falling debris from a construction site injures you, you may have a negligence claim even if the worker protections under Labor Law § 240 do not apply to you.
- DOB records, posted permits, photographs, and nearby surveillance footage can help identify the companies involved and preserve evidence of what happened.
- New York generally gives you three years to file a negligence claim, but involvement by certain public entities can trigger a notice of claim deadline of only 90 days.
Can You Sue if You Were Hit by Construction Debris in NYC?
The right of a pedestrian to sue under New York Labor Law 240 is limited because the statute generally protects certain workers performing covered construction activities, not pedestrians or members of the public.
Labor Law § 200 also requires covered workplaces to provide reasonable and adequate protection for employees and people lawfully frequenting those places. Whether it applies to a particular bystander depends on where the person was and the circumstances surrounding the accident.
Even when Labor Law § 240 or § 200 does not protect you, being outside the construction workforce does not leave you without legal options. An injured pedestrian, resident, or other bystander may pursue a negligence claim against the parties whose unsafe actions or failure to take reasonable precautions caused the falling debris.
What Causes Crane and Rigging Failures in New York City?
Rigging generally refers to the equipment and process used to secure, lift, move, and lower a load. A NYC rigging failure injury can occur when a load is improperly secured, lifting equipment fails, or people responsible for the operation make a dangerous mistake.
Crane and rigging accidents that can endanger people beyond the immediate work area include:
- Dropped loads: Building materials, tools, equipment, or other objects can fall when rigging fails or a load shifts during a lift.
- Crane or boom collapses: Structural, mechanical, operational, or stability problems can cause part or all of a crane to fall beyond the construction perimeter.
- Suspended scaffold debris: Materials, equipment, or components can fall from suspended scaffolds onto sidewalks, neighboring property, or people below.
- Improper lifting operations: Poor communication, incorrect load information, inadequate rigging, or failures to follow required procedures can put people surrounding a job site at risk.
Our New York crane accident lawyers can investigate failures that injure people both inside and outside a construction site.
Who Is Liable When Crane Debris Hits a Bystander?
Crane cases can be complicated because these responsibilities often cross separate contracts. The company that owns the crane may not employ the operator, while another contractor handles rigging, and someone else controls the overall construction site. Identifying the company responsible for the particular failure requires looking past the construction fence and into those relationships.
Potentially liable parties may include:
- Crane owner: The company that owns the crane may bear responsibility when the condition of the equipment, maintenance, or another issue within its control contributes to an accident.
- Operating engineer: The person operating the crane may be responsible when unsafe operation contributes to the failure.
- Rigging contractor: A contractor responsible for securing and moving the load may face liability when negligent rigging causes materials to fall.
- Lift director: NYC requires a lift director during specified crane and derrick operations, and that person has defined safety responsibilities during a lift.
- General contractor: A general contractor may bear responsibility depending on its duties, control over the work, and involvement in the unsafe condition.
- Property owner: The owner of the construction property may also face liability depending on the facts and applicable law.
How Do You Prove a Crane Accident Claim Without Site Access?
Bystanders often need to rely on publicly available information to determine what happened and who was involved in a crane accident. The New York City Department of Buildings (DOB) provides records through its Building Information System (BIS) and DOB NOW to help identify permits, applications, complaints, violations, inspections, and certain crane filings associated with the site.
Other evidence can also help establish what happened:
- Permit board: Photographs of posted permits can help identify the project, contractors, crane filings, and other parties connected to the work.
- Accident scene: Photos or videos of the crane, debris, sidewalk, surrounding buildings, construction fence, and location of the impact can preserve details that may later change.
- Surveillance footage: Nearby businesses, apartment buildings, offices, or doorbell cameras may have recorded the accident.
What Is the 90-Day Notice of Claim Deadline in New York?
Claims involving certain public entities can have much shorter deadlines than claims against private companies. Under General Municipal Law § 50-e, you generally have 90 days to serve a notice of claim.
In comparison, New York generally gives you three years to file a personal injury lawsuit based on negligence. However, different rules may apply when a municipality or another public entity is responsible.
Identifying all potentially liable parties early on can help determine the timeline for filing a construction accident claim and prevent you from overlooking a shorter deadline.
What Determines the Value of a Falling Debris Claim?
There is no standard payout for a falling debris injury in NYC. The value of a claim depends on how the accident affected you and what evidence establishes the responsibility of the parties involved.
Several factors can significantly influence a claim:
- Impact force: The height, weight, and type of falling object can affect both the injuries sustained and the evidence needed to reconstruct the accident.
- Injury severity: Medical treatment, surgery, disability, pain, lost income, and future care needs can all affect the damages available.
- Long-term effects: A traumatic brain injury, spinal injury, permanent scarring, or another lasting condition may affect your work, independence, and quality of life for years.
- Available coverage: Crane operations may involve several companies with separate insurance policies, although the existence of multiple policies does not automatically increase the value of a claim.
The goal is not to attach the biggest number possible to your case. It is to identify the full impact of the injury and every party legally responsible for causing it.
Talk to a New York Construction Accident Lawyer
Chopra & Nocerino know New York construction cases. Our attorneys have recovered hundreds of millions of dollars for injured people, and we are prepared to investigate contractors, equipment operators, property owners, and other responsible parties when unsafe work harms someone in our city.
If falling debris or a crane accident injured you, call (855) NYC-HURT or use our online contact form for a free, confidential consultation with our team.
