New York Injury Lawyer Blog

Authorities continue to investigate a New York City scaffolding accident that injured a worker on Manhattan's Upper East Side, NY1 reported.

The scaffolding collapse occurred as workers were removing asbestos from a building on East 97th Street. One employee was taken to the hospital with a broken leg. It's unclear whether he fell off the scaffold or was hit by debris as it crashed to the ground.

FOX News reported the construction accident occurred in East Harlem. Emergency crews rescued one of the workers.

The Occupational Safety & Health Administration reported that scaffolding accidents resulted in 88 fatalities in 2007. In three-quarters of the cases, a worker was injured either as a result of a plank or support giving way, or after slipping or being struck by an object. Falls are also a leading cause of New York City construction accidents.

Pedestrians on the ground may also be injured by collapsing scaffolding. As we reported in November on our New York Injury Lawyer Blog, at least six people were injured when two taxi cabs collided in the East Village, sending scaffolding crashing into the street.

Continue reading "New York City scaffolding accident injures construction worker" »

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.

Continue reading "Judge weighing manslaughter charge against man prosecuted for New York City crane accident" »

A sheet of glass measuring 25 feet by 90 feet plummeted from the 52nd floor of a high rise on Sunday, before crashing through a glass atrium, the Associated Press reported.

A New York City premise liability claim can result when building materials or other debris injures passing pedestrians. In this case, officials say the sheet of glass fell from a building at 117 East 57th Street, shortly after 4:30 p.m. on Sunday.

FOX 11 reported that the sheet of glass dislodged from a balcony before dropping more than 50 stories. The Huffington Post reported that the accident happened at the Galleria Condominiums; the glass dislodged from an apartment directly below magician David Copperfield's condo. It is the same building where Eric Clapton's 4-year-old son died after falling out of a 53rd floor window in 1991.

It is the second time in recent months that falling glass has endangered pedestrians on the ground. As our New York City Injury lawyers reported in March, a dozen people were injured at the Sony Building when snow and ice crashed through a glass atrium, showering glass and other debris on a gathering that included actors from "Sex and the City" and "Jersey Shore."

In January, NBC News reported that high winds were blamed for falling debris from a 72-story building under construction. Falling debris has also been reported at the New York Times new skyscraper on a number of occasions.

Continue reading "Falling debris can lead to New York City pedestrian accident, work accident, premise liability claims" »

Two serious fall accidents have claimed the life of one worker and seriously injured another in separate New York City construction accidents, according to the Daily News.

Falls are a leading cause of New York work accidents, as well as serious and fatal work accidents nationwide. According to the Bureau of Labor Statistics, More than 230,000 work-related fall accidents have occurred in each of the last five years. Falls were the leading cause of workplace fatalities, claiming 4,670 lives in 2008.

On Friday, a contractor working on the Throgs Neck Bridge was hospitalized after slipping off a ladder and plunging 20 feet. The 45-year-old man was installing fence on the pedestal of the span's Queen's Tower when he fell shortly after 11 a.m., according to police.

A safety rope helped slow his fall but he slammed into the concrete below. Rescue workers climbed down from the roadway and carried him to the water, where a fire department boat was waiting to transport him to Fort Totten. From there, he was taken by ambulance to North Shore University Hospital. Officials say he suffered a broken arm and a head injury.

On Thursday, a 35-year-old man fell 50 feet to his death in a Brooklyn construction accident. Cause of his death remains under investigation although the Daily News reported that investigators do not believe he was wearing a safety harness.

His family blames faulty safety procedures at the site, where a residential building is under construction, according to the Daily News.

ABC6 reported that he was installing steel framework for the sixth floor of the residence when he fell.

Continue reading "New York City construction accidents: Falls kill one worker, seriously injure another in separate incidents" »

The owner of a Brooklyn construction site was found not guilty of a manslaughter charge in connection with a construction accident that killed a day laborer, the New York Times reported.

The charges came in the wake of a series of high-profile New York City construction accidents and crane accidents in 2008. While acknowledging it was a difficult case to prove, the District Attorney's office had hoped to send a message to builders and those responsible for safety at construction sites. Those dealing with a serious or fatal injury at or near a New York construction site may also seek damages through a personal injury or wrongful death lawsuit.

The site owner was found not guilty of the manslaughter charge and was also acquitted on charges of criminally negligent homicide and reckless endangerment. Two civil suits remain pending: One filed by the victim's family and another by the family who owned a home next door, which ultimately had to be demolished.

Prosecutors attempted to prove that the property owner ignored the dangers, even after being warned about an unsafe trench at 791 Glenmore Avenue. In March 2008, a laborer was working in the trench, when he was killed after the foundation collapsed on the home next door.

The state argued that the property owner cut corners by completing some of the measurements himself instead of using the professional services of an architect and an engineer. Faulty measurements led to the undermining of the foundation next door as the crew prepared the foundation for a new coin laundry.

The owner's defense attorney admitted that his client made a mistake, but argued it did not amount to the kind of reckless disregard for human life that is necessary to prove the criminal charges.

Continue reading "Property owner found not guilty in New York City construction accident; wrongful death lawsuit pending" »

A New York City construction accident injured four people when a three-story building in Williamsburg collapsed Monday afternoon, the New York Post reported.

The building at 34 Conselyea St., between Union and Lorimer streets, was undergoing restoration when it caved in at about 1:30 p.m., briefly trapping one worker who was transported to Bellevue Hospital in critical condition.

Three other workers were transported to Woodhull Hospital, where they were treated for their injuries.

The Fire Department removed loose debris from the property and has erected a security fence. City officials halted all work on the property on Tuesday as the investigation continues.

Buildings Commissioner Robert LiMandri told the Post that structural changes to the interior of the building, meant to add an additional floor and penthouse, were the likely cause of the collapse.

City inspectors are in contact with the project contractor, as well as project architect and engineer. Constructed in 2008, the building has 9 units and has had previous structural problems, the Post reported. A city inspector observed cracks in the building's exterior last May.

A neighboring building, which is also a construction site, received complaints earlier this year about the undermining of its foundation by construction workers. However, the Post reported that a city inspector was unsuccessful during two attempts to gain access to that building.

Continue reading "Four injured in New York City construction accident after building collapses in Brooklyn" »

The city suspended the occupational license of a crane operator this week, in response to a New York City crane accident that sent a 250-foot-high crane crashing into a 25-story building in Lower Manhattan over the weekend, the New York Times reported.

Officials contend that the operator failed to properly secure the crane before leaving the construction site for the day. The operator had held the city's top-level operator's license since 2002.

Investigators found the operator did not lower the boom as far as it could go, which contributed to the accident. Investigators are also looking into whether mechanical failure might have been a contributing factor and additional citations are possible.

The crane's boom slowly listed about 7 p.m. Saturday, before crashing into a building at 80 Maiden Lane. Five nearby buildings were evacuated.

The accident comes two years after a pair of crane accidents that killed nine people in March and May of 2008. Last week, the city's former top crane inspector admitted taking bribes to falsify crane licensing and inspections, the Times reported.

Ironically, the building struck by the crane houses the City Department of Investigation, which immediately joined in the investigation.

The city has tightened safety and training regulations for crane operators, which it attributes to the reduction in fatal New York City crane accidents. Three people were killed in city crane accidents last year, compared to 19 in 2008.

The city received a complaint on March 8 about an unsafe and unlicensed crane operating at the address of Saturday's accident. But an inspection conducted the next day found no crane at that location and no citations were issued, according to city records.

Continue reading "Weekend New York City crane accident sends crane crashing into crane inspectors' building" »

More than 1,500 people died accidental deaths in New York City during 2008, according to the Summary of Vital Statistics, recently released by New York City's Department of Health and Mental Hygiene and reported by The New York Times.

Infant deaths: New York City's infant mortality rate was 5.5 infant deaths per 1,000 live births -- down 20 percent from the 6,9 per 1,000 births recorded in 1999.

Surgical or medical error: 59 deaths were reported as a result of complications of surgical or medical care.

Work accidents: 90 people died as a result of occupational injuries, including:
- 10 in transportation accidents
- 26 as a result of violence in the workplace
- 29 in falls
- 31 work fatalities were attributed to construction accidents
- 3 fatal taxicab accidents
-2 deaths involving police or fire protection

A total of 1,651 deaths were classified as accidents and included:
- 299 deaths involving traffic accidents
- 171 pedestrian deaths
- 23 deaths involving bicyclists
- 14 deaths involving railway or subway accidents
- 388 deaths involving fatal falls
- 8 drowning deaths

Subtitled "The Conquest of Pestilence in New York City," the reported noted accidental deaths have declined by 8.8 percent in the last decade. But the rate of accidental deaths has not declined nearly as fast as other deaths, including homicide, which declined 17.5 percent during the same period.

Continue reading "More than 1,500 accidental deaths recorded in New York City during 2008" »

A New York City crane accident that killed two workers has led to manslaughter charges against the crane's owner and a former mechanic, according to the Associated Press.

The Manhattan District Attorney's office accuses the owner and mechanic of hiring a Chinese company to repair the crane by welding a critical component that failed, leading to the death of the workers in the New York City construction accident, which occurred in May 2008.

The weld failed after a month of use, sending pieces of the 200-foot-tall crane crashing into an apartment building and killing the 30-year-old crane operator and a 27-year-old co-worker. A third construction worker was seriously injured.

The crane accident on Manhattan's Upper East Side occurred just two months after another crane owned by the defendant collapsed in Manhattan. That accident killed seven people.

The accidents increased awareness of the dangers such enormous cranes pose to employees and bystanders as they work at dozens of locations throughout the city.

Buildings Commissioner Robert LiMandri called the charges "an important reminder" of the responsibilities construction companies have to ensure safety and said the agency has increased training requirements for crane operators and inspectors since the collapses.

The District Attorney's office accuses the crane's owner of hiring a little-known company over the Internet to conduct repairs for $20,000, after two other companies said the repairs would take at least seven months and cost $34,000.

The defendants each face up to 15 years in prison if convicted.

Continue reading "New York City crane accident leads to criminal charges " »

Fewer people were killed but more people were injured in New York City construction accidents in 2009, the Daily News reported.

The New York City construction accident attorneys and the New York crane accident lawyers at Queller, Fisher, Washor, Fuchs & Kool fight for the rights of people who have been seriously injured or killed at or near construction sites.

There were three fatal New York City construction accidents last year, compared to 19 in 2008. Experts pin the drastic decline on the end of the decade-long construction boom in the city as the economy soured. In 2007, 12 people were killed in New York City construction accidents; 18 died in 2006.

However, the number of construction accidents jumped nearly 50 percent, to 224 in 2009, compared to 151 in 2008.

The Buildings Department attributed the drop in fatalities to better enforcement and the higher accident rates to better reporting by contractors.

While fewer reported fatalities is good news, the drastic increase in New York City construction accidents and injuries is cause for concern. Contractors, builders, property owners and others responsible for the safety of a job site have an obligation to prevent accidents and injuries.

Two of the deaths reported in 2009 involved workers falling, one in Manhattan and one in Brooklyn. Neither victim had been provided with a required safety harness, the Daily News reported.

The third death was caused by the collapse of a concrete wall in Staten Island.

The city revised its construction codes last year for the first time in four decades and launched a series of safety initiatives aimed at cracking down on unsafe conditions.

Continue reading "More New York City construction accidents reported in 2009; fatal construction accidents declined" »

A federal judge has appointment a former prosecutor to investigate allegations of corruption in the union that represents most heavy equipment and crane operators in New York City.

The New York Times reported that supporters of the appointment hope to eliminate what they say has been decades of corruption and abuse of the system.

The New York City crane accident lawyers and construction accident attorneys at Queller, Fisher, Washor, Fuchs & Kool continue to follow developments in the troubled New York City crane industry, which has been involved in several high-profile fatal accidents in recent years.

The Times reported that much remains uncertain for the 1,600-member union, which traditionally has wielded substantial power because of the ability of its tower crane operators to shut down high-rise construction projects.

In addition to the racketeering cases, two tower crane accidents last year left nine people dead and brought greater scrutiny to crane operations and licensing. Since then, there have been allegations that union officials helped unqualified operators obtain crane licenses.

Those accidents, which claimed the lives of New York City construction workers, civilians and tourists, also resulted in criminal charges, including the arrest of a building inspector accused of lying about conducting safety inspections.

Crane operators are required to be licensed separately through the city and receive one of three types of crane licenses depending on what type of crane they are permitted to operate.The New York City Building Department licenses more than 1,700 crane operators.

Data from the U.S. Census of Fatal Occupational Injury identified 632 deaths involving cranes from 1992 and 2006 - an average of 42 deaths per year. The majority of the deaths were caused by truck cranes, followed by overhead or gantry cranes, tower cranes and floating or barge cranes.

Continue reading "Prosecutor appointed in ongoing probe of New York City crane industry" »

A Scotia, New York aggregate bagging company is facing a $509,000 fine from the federal government for 33 alleged willful, repeat and serious violations of workplace safety and health standards.

The New York construction accident attorneys and the personal injury and wrongful death lawyers at Queller, FIsher, Washor, Fuchs and Kool have a long history of battling construction companies, third-party suppliers and other negligent parties in New York construction accidents.

One in every five work related-deaths occurred on a construction site in 2008, according to the U.S. Bureau of Labor Statistics. In New York City, 81 people were killed in fatal work accidents, one-in-four were on construction sites.

The U.S. Labor Department's Occupational Safety and Health Administrationproposed the fine against the plant, which bags cement and asphalt, following repeated inspections over a six-month period.

"Workers have been needlessly exposed to potentially disabling or fatal respiratory illness, falls, crushing injuries, burns, lacerations, amputation and electrocution," said Edward Jerome, OSHA's area director in Albany. "This employer needs to take effective and ongoing corrective action to protect the health and safety of these workers."

The company has 15 business days to meet the standards or contest the findings.

Continue reading "New York company cited for work-safety violations" »

A New York City crane accident on 97th Street and Columbus Avenue last week caved in a sidewalk shed over a pedestrian walkway, startling pedestrians and drawing a large crowd of firefighters, building inspectors, police officers, pedestrians and residents.

The New York crane accident lawyers at Queller, Fisher, Washor, Fuchs & Kool continue to monitor instances of crane accidents in New York City after several high-profile crane failures have led to the serious injury and death of innocent bystanders and exposed lax inspection standards and other safety violations.

The mobile crane on the northeast corner of 97th Street at 775 Columbus was being demobilized for the day when it hit the sidewalk shed, collapsing part of it onto the walkway below, according to a New York City Department of Buildings spokesperson Ryan Fitzgibbon. No injuries were immediately reported, but the street was temporarily closed off immediately after the accident, according to a report in the Columbia Inspector.

The newspaper reported the site of the crane accident is a 13-story building under construction by Columbus Square developers, the Chetrit Group and Stellar Management.

Cause of the accident remains under investigatation.

Fitzgibbon reported that the Department of Buildings, which inspects and regulates cranes in New York City, issued violations to two companies, U.S Crane and Rigging LLC and PWV Acquisitions LLC, along with a violation to the crane operator.

Fines, which could be in the range of $25,000, will be determined in court at the completion of the investigation.

"If I lived there, I'd be scared," said Sam Kim, pointing to the 20-story residential building that sits in the crane's shadow. "They made a really big deal, but it is dangerous."

The New York City Building Department licenses more than 1,700 crane operators. Several high-profile crane accidents, including a May 2008 incident that killed two people after a crane slammed into the penthouse of a nearby building, has increased the focus on crane safety.

Common causes of fatal crane accidents include power line injuries, dropped loads, collapsing booms, overturned cranes and rigging failures.

If you or someone you love has been seriously injured or killed by a crane, the New York City crane accident attorneys at Queller, Fisher, Washor, Fuchs & Kool offer free appointments to discuss your rights. Call (212) 406-1700.