A judge is weighing whether a crane contractor should be held criminally responsible for a deadly 2008 New York City crane accident that prosecutors argued could have been prevented with proper safety measures.
Closing arguments are over in manslaughter trail; the defendant declined a jury, leaving the decision up to the judge. The March 15, 2008 collapse is among the deadliest crane accidents in U.S. history. The accident killed seven people and led to an overhaul of crane safety at New York City construction sites.
Prosecutors claim polyester straps were to blame as they failed to hold an 11,000 pound piece of steel. The case against the defendant and his company, Rapetti Rigging Services, Inc., is the only criminal prosecution directly tied to the midtown Manhattan accident. Two dozen people were injured, a brownstone was crushed and several other buildings were damaged. The crane accident was one of several in the spring of 2008 that led to new safety measures and a bribery case among some crane inspectors.
Prosecutors argued that the crane fell because the defendant did a reckless job of deploying straps to fasten a steel collar to the crane some 18 stories above the ground, according to the Associated Press. Four straps were used rather than the eight called for by the manufacturer. One strap was badly worn and instructions on the strap's labels were not used to prevent them from tearing.
Defense lawyers argued the defendant was a safety-conscious veteran and the crane collapse was caused by other people's engineering decisions and construction mistakes.
The defendant faces up to 15 years in prison if convicted. The judge is expected to announce his decision in coming days.
As we reported on our New York Injury Lawyer Blog, more than 1,700 crane operators are licensed by the City of New York. Unsafe cranes pose a substantial threat of serious injury or death to construction workers, pedestrians and the residents and occupants of nearby buildings.
The U.S. Census of Fatal Occupational Injuries reports that an average of 42 people a year are killed in crane accidents.
If you or a loved one is injured or killed in a construction accident in New York City, or while near a construction site, contact Queller, Fisher, Washor, Fuchs & Kool for a free and confidential appointment to discuss your rights. Call 866-LifeLaw (866-543-3529).
