The Importance of Seeking Legal Representation
Were you struck by a falling object?
At Keith D. Silverstein & Associates, we take pride in representing New Yorkers who have been injured by falling objects. Our dedicated team of attorneys is committed to helping you file a claim and pursue compensation for your injuries through a personal injury claim against the liable party. Whether your falling object accident happened at a construction site, which is fairly common, or elsewhere, we’re the law firm that you can trust. When life takes an unexpected turn due to a falling object incident, you can count on us to be your trusted ally in seeking justice.
Call (646) 813-3922 now to speak with our falling object accident lawyer in New York.
What Is a Falling Object Accident?
A falling object accident refers to an incident where an individual is struck by an object that has fallen from a higher level. These accidents commonly occur in settings such as construction sites, warehouses, and retail stores, where items are often stored or used at elevated heights. In New York City, though, there is always a risk of an object falling out of a window due to all the tall buildings. Falling object accidents can result in serious injuries, including head trauma, broken bones, or even fatalities, especially if the object is heavy or falls from a significant height. The responsibility for these incidents often lies with the party that failed to ensure proper safety measures, such as secure storage or adequate protective gear for those below.
Objects that are commonly involved in falling object accidents include:
- Construction tools (hammers, wrenches, drills)
- Building materials (bricks, tiles, steel beams)
- Heavy machinery parts
- Warehouse items (boxes, pallets)
- Retail store products (canned goods, appliances)
- Window air conditioning units
- Loose roofing materials
- Scaffolding components
Causes of Falling Object Accidents
Falling object accidents can occur due to many reasons, but the underlying factor is often everyday negligence. Regardless of whether these incidents happen on construction sites, in a store, or elsewhere, they largely stem from carelessness or disregard for safety protocols. This negligence can manifest itself in several ways, leading to accidents that could have been prevented with proper precautions.
Key causes of falling object accidents include:
- Inadequate securing of objects: Objects that are not properly secured can fall and injure those below. This includes everything from construction tools left precariously on scaffolding to products improperly stacked on high shelves in a store.
- Lack of proper safety equipment: In environments where objects are elevated, using safety equipment such as hard hats, nets, or barricades can significantly reduce the risk of injury from falling objects. When these measures are neglected, the risk increases dramatically.
- Failure to follow safety protocols: Safety regulations and procedures are designed to prevent accidents. However, when individuals or companies choose to ignore these protocols, it can lead to dangerous conditions. This might involve overloading shelves or platforms, failing to inspect equipment regularly, or not properly training employees.
Occupational Safety Regulations About Falling Objects
The Occupational Safety and Health Administration (OSHA) mandates that construction sites and other workplaces enact measures to prevent falling object accidents. These regulations are designed to protect employees and passersby from falling object hazards. Our falling object accident lawyer in New York is well versed in these guidelines and can thoroughly investigate your case to determine if an OSHA violation contributed to the incident.
OSHA guidelines to prevent falling object accidents vary, such as:
- Use of guardrail systems: To prevent objects from falling off edges, OSHA requires the use of guardrail systems, toe boards, screens, or debris nets.
- Personal protective equipment requirements (PPE): OSHA mandates that workers wear appropriate PPE such as hard hats when there's a risk of falling objects. This is to ensure that, even if an object does fall, workers are protected from serious harm.
- Employer responsibilities to train workers: Training should encompass potential falling object hazards, safety procedures, and the correct use of protective equipment. If the employer does not provide the training directly, it should at least ensure that workers have been trained.
Harm & Damage Caused by Falling Object Accidents
Falling object accidents can result in significant harm, especially when they occur from a substantial height. The force at which an object falls, even if it’s relatively small or light, can cause serious damage as the object gains momentum during its descent. The impact of such incidents is often devastating, leading to severe injuries and potentially life-altering consequences.
The types of harm caused by a falling object accident can include:
- Serious physical injuries: These can range from fractures and lacerations to traumatic brain injuries and spinal cord damage. In some cases, these injuries can be fatal.
- Long-lasting psychological trauma: Victims of falling object accidents may suffer from post-traumatic stress disorder, anxiety, depression, or other mental health issues as a result of their experiences. Witnesses to fatal falling object accidents may also suffer from psychological trauma as a result.
- Significant property damage: Falling objects can cause considerable damage to buildings, vehicles, and other property, leading to expensive repair or replacement costs.
- Financial consequences: The victim may face substantial medical bills, lost wages due to time off work, and other financial burdens. Businesses may also suffer from productivity losses if the accident affects their workplace.
Proving Liability in a Falling Object Accident Claim
In a falling object accident claim, establishing liability often involves demonstrating that the property owner or construction company failed in their duty of care to maintain a safe environment. Other parties could be liable, but in New York City, many falling object accidents involve the negligence of these parties.
Evidence such as safety inspection records, witness testimonies, photographs of the accident scene, and expert opinions can be used to show negligence. For instance, if it’s found that the construction company did not follow OSHA guidelines for preventing falling object accidents, such as securing equipment or using guardrail systems, they could be held liable. The key is to prove that the accident was foreseeable and could have been prevented had the responsible party taken appropriate safety measures.
Call Our NYC Falling Object Accident Lawyers Now
Navigating the complex landscape of falling object accident lawsuits often requires thorough knowledge of OSHA regulations, New York liability law, and damage calculations. With legal guidance from our falling object accident lawyer in New York, you can confidently seek justice and compensation for your injuries and losses. Furthermore, by holding negligent parties accountable for falling object accidents, you could help prevent similar incidents from hurting others in the future. See how you can use your rights for the greater good by reaching out to Keith D. Silverstein & Associates today.
Let’s talk about your case. Please call (646) 813-3922 and ask for a complimentary case evaluation and consultation. Hablamos español.
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