Window Guards & Protecting Your Children: Everything You Need to Know

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

If you have a child under the age of 10 living with you in a building with three or more apartments, New York City law requires all building owners to install window guards. 

There has been a recent epidemic of accidents involving children falling from windows and sustaining severe and sometimes fatal injuries. These tragedies are fully preventable. Owners of buildings with three or more apartments are required by NYC Administrative Code §27-2043.1 to install window guards. Those who do not comply with this law risk receiving a violation subject to fines, and a heartbreaking accident on their hands.  

What Type Of Windows Require Guards?

Windows of all types, including screened windows, must have a window guard, except those

  • leading to fire escapes
  • serving as secondary exit windows in first-floor apartments, and
  • windows in which air conditioner units are permanently installed

Building owners are further required to install and maintain NYC Health Department approved window guards in public hallways and other building common areas where children age 10 or younger reside.  

What Are Building Owners Required By Law To Provide To Their Tenants?

Building owners are required to send an Annual Notice to residents, inquiring whether children age 10 or younger live in the apartment. Individuals without children under the age of 10 are also entitled to request window guards for any reason. The Annual Notice is to be sent to residents in January of each year. With each new lease, building owners must inquire whether children live in the apartment by providing a Lease Notice to Tenant or Occupant.  

Who Is Responsible For The Cost Of Window Guards?

Building owners are required to purchase all window guards for common areas. Owners are permitted to charge a one-time fee per guard but cannot charge for those previously installed in the apartment. Further, window guard charges should not be included in the base rental price and cannot exceed $10 per window guard for rent-controlled or rent-stabilized apartments.  

What Should You Do If You Feel That Your Apartment Windows Are Unsafe For Your Child?

You can call 311 or file an online complaint to report any unguarded windows. In the event a child under the age of 16 falls from your apartment window, it is important to act quickly. Call 911 immediately and get the child all necessary medical care. All falls must be reported to the NYC Health Department within 24 hours of the incident. The premises liability attorneys at Friedman, Levy, Goldfarb & Green are here to support you through these tragedies, provide the legal expertise to establish liability, hold responsible parties accountable, and hopefully, to prevent future falls. Contact us for a free consultation to discuss the specifics of your case. 

AC Units and Window Falls: How to Keep Your Kids Safe This Summer 

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

New York City is facing an epidemic of children falling from windows. As of July 2023, at least six children have fallen from windows in the New York City area already this year. In April, two children fell from unguarded windows in unrelated incidents that occurred on the same day. Most recently, a 4-year-old child died after he fell from a window in Brooklyn. These falls have resulted in serious injuries and death to young children across the city. Ensuring that window air conditioning units are properly installed can prevent these tragic accidents.  

Responsibilities of the Building Owner

The New York City Department of Health has regulations in place regarding the installation of window air conditioning units. Building owners are required to permanently install window air conditioning units with one-way tamper-resistant screws in apartments where children 10 and under live. The AC unit must be permanently and securely bolted to the window frame and leave no open space greater than 4.5 inches. It is recommended that secure, rigid metal panels be placed on either side of an AC unit instead of, or in addition to, accordion vinyl panels. Metal panels must be able to withstand 150 pounds of pressure without bending or breaking.   

Tenant Responsibilities 

Tenants are responsible for informing building owners of children 10 and younger living in an apartment. Tenants must also complete the annual notice provided by landlords. The annual notice asks whether children 10 and younger live in a dwelling, or if window guards are requested for any reason.  

Safety Tips 

Once window guards or stopping devices are installed, do not alter or remove them. Likewise, do not leave children unsupervised in rooms with windows that lack such safety measures. To file a complaint regarding a building owner, tenants can call 311 and report violations to the New York City Department of Housing Preservation and Development.  

Has Your Loved One Been Injured in a Window Fall? We Can Help. 

The experienced premises liability lawyers at Friedman, Levy, Goldfarb & Green handle cases from New York City and the surrounding metro area. We have the resources and expertise to get you the compensation you deserve. You owe nothing unless we recover damages on your behalf.  Contact us for a free consultation.


Can I Sue the NYPD for Police Brutality?

Jered WardCivil Rights

In New York State and elsewhere, the law places limits on the level of force that the police may use in their jobs. When they use a level of force that exceeds reasonable limits, they risk violating someone’s civil rights. In New York City, a victim who suffers injuries at the hands of the police can sue the NYPD for police brutality.

The attorneys at the New York law firm of Friedman, Levy, Goldfarb, Green & Bagley, P.C. appreciate the challenges that the police face every day. However, we also believe that everyone’s civil rights should be protected against overzealous law enforcement. We help individuals who have been victims of NYPD police brutality to recover the largest available compensation for the injuries that they have suffered at the hands of the police.

Police brutality includes many types of excessive conduct

An experienced New York City civil rights lawyer will tell you that many types of excessive conduct by law enforcement can rise to the level of police brutality, including:

  • Excessive use of tear gas, pepper spray, or water cannons
  • Physical beatings
  • Verbal harassment
  • Racial profiling
  • Property damage
  • Police shootings
  • Overuse of tasers and restraining devices
  • Deprivation of food or water during detention

These and other types of police misconduct are all human rights violations. This behavior gives the injured party a right to file a police brutality lawsuit against the NYPD and the individual officer who deprived them of their rights.

You need to act quickly to file an NYPD police brutality lawsuit

If you believe you have a good reason to file a police brutality lawsuit, you must first submit a Notice of Claim to the correct city officials within ninety days. Your Notice must include details of what happened and identify all individuals responsible for your injuries. Failure to file a correct Notice of Claim will be cause to dismiss your lawsuit. Further, a lawsuit must be filed within one year and ninety days after the incident.

Many victims of police brutality might be discouraged from filing a lawsuit by family or friends. They may believe that you can never win a lawsuit against the NYPD. Rather than following their advice, your better course of action is to confer with a knowledgeable and experienced NYPD police brutality lawyer. They can evaluate your situation and provide a professional assessment of your opportunity to recover damages for violations of your civil rights. Your lawyer will need time to conduct a thorough investigation. Therefore, you should retain legal counsel as soon as possible to meet the filing deadlines.  

You can recover substantial damages for your NYPD police brutality injuries

Every year, New York City pays hundreds of millions of dollars in compensation to victims of police misconduct. Depending on the facts of your case, you may be able to recover compensation for your:

  • Hospital bills and other medical expenses
  • Wages you lost while recovering from injuries caused by the police
  • Pain and suffering, and mental anguish
  • Attorney fees

In extreme cases where police brutality is deemed to be intentional or grossly reckless, you might also recover punitive damages. These are awarded to penalize the perpetrators of your injuries and to discourage them from similar future conduct.  

Contact Us to File a Police Brutality Lawsuit

At Friedman, Levy, Goldfarb & Green, we fight to protect the civil rights of all individuals who have suffered serious mistreatment at the hands of the police department. We respect the efforts of the majority of law enforcement personnel to protect the city’s residents from crime. However, we also believe that those efforts are best served when the department is held accountable for the brutality of its few bad actors.

Please call our Manhattan offices after you have suffered injuries at the hands of the NYPD for a no-fee consultation with one of our lawyers. We will provide a fair and straightforward explanation of your right and opportunity to sue the NYPD for police brutality. If you retain our services and we accept your case, we will fight tirelessly to recover the largest available damages to compensate for your injuries and violations of your civil rights. 

What is the Statute of Limitations for a Police Brutality Lawsuit in NYC?

Jered WardCivil Rights, Friedman Levy

Police brutality in New York is a specific form of a civil rights violation. It occurs when a victim suffers injuries directly due to the actions of an NYC policeman. The statute of limitations for a lawsuit in NYC is one year and ninety days. In addition, the victim must file a Notice of Claim with the City Comptroller’s Office within ninety days after the incident. Further, the failure to file that Notice will result in a dismissal of a brutality lawsuit even if it is filed before the statute of limitations expires.

The Manhattan-based police brutality attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. urge every person to contact a New York City civil rights lawyer as soon as is possible after the incident– to verify that these short deadlines are not missed, and the right to collect damages is not lost.

Police brutality is a pernicious civil rights violation

Law enforcement authorities and other government officials might violate your civil rights in any number of ways, including:

  • Blocking or preventing your right to vote
  • Enforcing the forfeiture of your property apart from criminal charges or probable cause
  • Denying your right to speak with an attorney
  • Withholding your rights to a fair trial or due process
  • Discrimination against you due to your race, creed, ethnicity, sexual orientation, or identity.

Police brutality is a more direct and immediate violation of a victim’s civil rights. It is perpetrated by the officials who are charged with protecting those rights. It can include any improper or excessive treatment at the hands of the police. This can include physical or verbal abuse, unwarranted or prolonged detention without probable cause, and unjustified use of a gun or taser. You need to act quickly because of the short one-year and 90 day statute of limitations and the notice requirement for police brutality complaints.

Delaying a police brutality lawsuit can make evidence more difficult to collect

Your opportunity to collect substantial damages when you sue the NYPD will depend on the evidence that shows how the police acted and whether or not their actions were justified. That evidence might include:

  • Police body camera footage
  • Video from commercial surveillance systems
  • Eyewitness testimony
  • Reports of prior improper conduct by the police officers involved in the incident
  • Medical records of injuries that you suffered

Much of this evidence can dissipate or be challenging to gather. In addition, witness memories can fade if you wait until the end of the statute of limitations to file your NYPD police brutality lawsuit. If you suffer serious injuries due to police brutality, seek prompt medical treatment. Contact a knowledgeable and experienced NYPD police brutality attorney to begin an investigation as soon as possible. 

Act quickly to recover the compensation you deserve for NYPD police brutality injuries

If you prove that you suffered injuries due to excessive force or improper conduct by the NYPD, you may have a right to recover damages for your medical costs and expenses, lost wages, pain and suffering, and mental anguish. If the police conduct was intentional or the result of gross recklessness, you might also recover punitive damages that would be awarded to deter future egregious police misconduct.

Call Friedman, Levy, Goldfarb, Green & Bagley, P.C. for a free consultation

Our team of NYPD police brutality lawyers understands the urgency that the short statute of limitations imposes on a potential lawsuit. Please call our Manhattan offices to discuss the facts of your case with an attorney on our civil rights legal team as soon as possible. We will evaluate your case, and if you retain us and we agree to represent you, we will fight to recover the largest damages award that may be available to compensate you for your injuries and all violations of your rights.

Legislation Introduced to Rename Portion of Route 45 After Heroic Spring Valley Firefighter Jared Lloyd

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

The New York State Legislature plans to rename a portion of Route 45 after volunteer firefighter Jared Lloyd. He died fighting a fire at an assisted living home in Rockland County in March 2021. This tragedy underscores the importance of upholding integrity in local building inspections to keep citizens and first responders safe.

Jared Lloyd Gave His Life in Service of Others

Press conference to announce proposed renaming of Route 45

Jared Lloyd, a 35-year-old father of two boys, lost his life in a fire at the Evergreen Court Home for Adults in Spring Valley on March 23, 2021. He had rescued one resident and went back in to save another when the smoke and flames overcame him– prompting a mayday call just before the second floor of the building collapsed. His body was recovered in the rubble 24 hours later. Lloyd had been a member of Columbian Fire Engine Co. No. 1 in Spring Valley for more than 15 years.

One other resident, 77-year-old resident Oliver Huested, also perished in the blaze. Twenty of the 112 residents were taken to area hospitals– some with serious injuries. Twenty-three fire companies responded to put out the fire. Two firefighters were injured, with one treated for smoke inhalation.

Rockland County Executive Ed Day said at a news conference. “Jared Lloyd gave his life in service to others. He searched as the building burned, determined to rescue anyone who may have been trapped; his loss is devastating. There is no other way to put it. But I will tell you this– his loss and his heroism will never be forgotten.” His mother, Sabrail Davenport, said, “Jared has been a good son, always loved putting his life before others. He had a passion for service since high school.”

Criminal and Civil Lawsuits Filed in the Fire’s Aftermath

The building was deemed a total loss. Rockland County Department of Health officials reported that smoke detector and sprinkler reports were found in compliance when last checked in December 2019. Denise Kerr, Director of Evergreen Court Home, issued a statement that the center had been inspected multiple times by local authorities in 2020, with no fire safety citations or violations found.

Three months later however, these reports were called into question when authorities arrested four men— including two village building inspectors, a rabbi, and his son. Rabbi Nathaniel Sommer and his son, Aaron Sommer, are alleged to have started the fire by using torches to burn the ovens out– part of a kosher cleansing of kitchens ritual for Passover. The Sommers are charged with multiple felonies, including manslaughter, assault in the second degree, and arson in the fourth degree, as well as misdemeanors of assault and second-degree reckless endangerment.

In addition, village building inspectors Wayne Ballard and Raymond Canario stand accused of filing false reports with the state. Offering a false instrument for filing is a felony, while second-degree falsifying business records count as a misdemeanor.

Misdemeanor arrest warrants were also issued for Evergreen Court employees Denise Kerr and Manuel Lema of Pomona for their actions before the start of the fire. These actions included shutting off the connection to the county fire communications center before the Passover preparations.

Kerr faces second-degree reckless endangerment. Lema faces second-degree criminal impersonation and second-degree obstructing governmental administration. Investigators are also examining whether a lack of water pressure interfered with the firefighter response effort. Attorneys at Friedman, Levy, Goldfarb & Green are handling numerous civil claims on behalf of the family of the fallen firefighter Jared Lloyd against all those alleged to have caused this preventable tragedy.

New York Legislature Proposes Renaming a Portion of Route 45 After Jared Lloyd

Lawsuits and arrests are a positive step forward in demanding accountability. Though nothing can bring back Jared Lloyd, local officials wanted to recognize the bravery and sacrifice of the local hero. State assembly members Michael Lawyer and Kenneth Zebrowski introduced a bill in the lower chamber to rename a portion of Route 45 after Jared Lloyd, which will be carried through the Senate by Elijah Reichlin-Melnick. It is expected to pass and be signed into law by the governor in early June.

Legislators met with family members outside the Hillcrest Fire Department on Route 45 on February 10. New York State Representative Ken Zebrowski said, “The most important thing we can do is change the culture of noncompliance, and make sure everyone realizes that enforcement– fire code, zoning code– is not just words on a page, but it is the mechanism that keeps our firefighters safe and our citizens safe.”

Hurt in a Fire? We Can Help You Seek Justice.

Contact the experienced lawyers at Friedman, Levy, Goldfarb & Green to pursue a premises liability claim. We handle cases from New York City, including Manhattan, Bronx, Brooklyn, and Long Island. Our team has the resources and track record to win. Call now for a free case review.

More Fatalities and Injuries Reported in Bronx Fire

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Premises Liability

Fire truck driving with speed blur

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is deeply saddened by the Bronx Fire that killed at least 17 people as of today. News like this is especially devastating when it happens right here in our own city, and our hearts go out to the victims and their families. Any preventable loss of life is unacceptable, and we call on public officials to fully investigate the causes and put preventative measures in place to make sure tragedies like this don’t happen again. Our leading personal injury and premises liability lawyers investigate cases where lapses in product safety and landlord negligence have unnecessarily put tenants at risk. Contact us now to report a claim and discuss your case for free with an experienced and compassionate attorney.

Deadliest NYC Fire in Decades

New Mayor Eric Adams called the numbers “horrific.” Though originally reported at 19 deaths, the death toll has been revised to 17, including eight children. More than 60 people were hurt in total, with 13 people hospitalized in critical condition – some are intubated and “clinging to life.” Ten children are among those still hospitalized, in various conditions.

The catastrophic event represents the city’s largest loss of life in a fire since 1990, when a deliberately set fire at a Bronx nightclub killed 87 people.

What Caused the Bronx Fire Injuries and Deaths?

The official cause of death and injury in the Bronx fire was “severe smoke inhalation,” according to Fire Department commissioner Daniel A. Nigro. Most fire deaths occur when smoke deprives people of oxygen and suffocates the lungs. Within minutes, oxygen deprivation is enough to disorient a person and cause permanent brain damage. More sustained smoke inhalation causes fluid to collect in the lungs, leading to death.  

Victims arriving at the ER for severe smoke inhalation can be treated with an antidote for cyanide poisoning and flooded with oxygen in hopes of reversing hypoxia. Patients with brain damage may require intubation or pressurized hyperbaric chamber oxygen. Children and babies are especially sensitive to hypoxia and often do not make it.

For those who do survive the ordeal, determining the extent of recovery requires testing and time. Even if maximum medical prognosis has not been reached, you can still contact a New York personal injury lawyer to start investigating your claim. This is important, as the statute of limitations starts ticking on the date of the fire and generally expires after three years.  

How Did the Bronx Fire Start?

The fire in the 19-story building that housed 120 units at East 181st Street started with a malfunctioning space heater that had been left on for days in a lower-level duplex apartment. The U.S. Product Consumer Safety Commission is investigating whether the space heater had been defective. Portable heaters are not a leading cause of the 1.2 million+ residential fires that occur nationwide, say safety experts, though they were linked to 1,700 fires, 80 deaths, and 160 injuries from 2016 to 2018.

Fire alarms went off, but residents said false alarms were “frequent.” Newer apartment complexes are outfitted with automatic sprinkler systems, but this building built in the 1970s had none. A city lawmaker had proposed requiring automatic fire sprinklers in all residential buildings 40 feet or taller by the end of 2029, but the measure failed to pass.  

The door to the apartment failed to swing close after residents fled. Smoke traveled up through the stairwell to the 15th floor, where another self-closing door malfunctioned, allowing smoke to spread throughout the structure and making escape impossible. A family of five died of smoke inhalation on the 19th floor. The city housing department had issued violations for problems with self-closing doors in five apartments and one stairwell from 2014-2021, which had all been resolved. An ongoing investigation will look into whether maintenance issues played a role in causing unnecessary destruction and loss of life.

Congressman Ritchie Torres said that, even though the heat was turned on, there were multiple complaints of inadequate heat and hot water in the building, leading many tenants to resort to multiple space heaters to stay warm. A new task force will explore fire safety standards nationwide. “We owe it to the lives lost to ensure that their death is not in vain,” Torres added.

If You Were Hurt or Lost a Loved One in a Fire, Call Friedman, Levy, Goldfarb & Green in NYC

The aftermath of a deadly fire often leaves many unanswered questions, but we can help. Friedman, Levy, Goldfarb, Green & Bagley, P.C. has served New York for over 50 years, representing victims of burn injuries, wrongful death, and other damages resulting from negligence. We have the resources and skills to get results. Contact a New York City premises liability lawyer for a free consultation to explore your legal rights.

New York City Council Bans Qualified Immunity for NYPD Officers Accused of Excessive Force

Jered WardCivil Rights

For decades, Qualified Immunity has been a federal doctrine that frequently shielded police officers from any repercussions in excessive force cases, often leaving victims who suffered at the hands of the police with no opportunity to seek justice through the courts. While the federal doctrine of Qualified Immunity remains in place, civil rights advocates recently scored a major victory locally when the New York City Council banned Qualified Immunity for NYPD officers accused of excessive force, becoming the first large city in the country to do so.

Statue of lady justice

What This Ban Means

What this means is that victims of excessive force by police officers here in New York City now have the ability to file a lawsuit against the NYPD in a local court to hold the officers accountable. With Qualified Immunity no longer a defense for police officers, victims are now able to file a claim against an NYPD officer if he or she violates their state constitutional rights.

Limitations of the Ban

Please note that this ban on Qualified Immunity only applies to the NYPD. What that means is that corrections officers, government officials, school employees, and other public officials are still protected by Qualified Immunity under local law. The ban on Qualified Immunity applies to unreasonable searches and seizures, and excessive force claims fall under that umbrella. However, the ban does not cover violations by an NYPD officer of your other Constitutional rights such as the right to bear arms, the right to free speech, or equal protection.

Notably, federal law has yet to ban Qualified Immunity for police officers accused of excessive force, so victims here in New York City would still face daunting odds if they decide to file their claim in federal court. They now DO have the option, thanks to the ban, of filing an excessive force lawsuit in a city court.

Why Was This Such a Major Victory?

The Qualified Immunity doctrine was originally enacted to enable law enforcement officers to make split-second decisions in situations where their life and/or the lives of others were on the line without having to second guess themselves in the heat of the moment. But in practice, this doctrine has evolved to make it virtually impossible for some victims of police brutality and misconduct to obtain any sort of justice or financial recovery for their trauma, injuries, and losses.

Until the Qualified Immunity doctrine was banned, NYPD officers could often not be sued for unlawful conduct, including the use of excessive force, unless the victim could prove the following elements:

  • The evidence proves that the NYPD officer’s conduct violated the victim’s Constitutionally protected right
  • The Constitutional right that the NYPD officer violated was “clearly established” law due to the fact that prior case law had already ruled that similar police actions were illegal

More on the “Clearly Established” Standard

In practice, the “clearly established” standard was interpreted so narrowly by courts that victims were essentially required to prove that the facts in their case were virtually identical to the facts in a previous case, or else the NYPD would likely get away with conduct that was at times illegal and/or malicious.

Damages Available to Excessive Force Victims

As far too many New Yorkers know first-hand, the consequences of excessive force by a police officer can be devastating and even fatal for the victim. Here are some of the damages for which an excessive force victim may seek financial compensation:

  • Medical costs
  • Pain and suffering
  • Lost wages and lost earning capacity
  • Humiliation and mental anguish
  • Punitive damages which may be assessed for particularly egregious police misconduct

Call Today for a Free Case Review

If you have questions about the recent ban on Qualified Immunity for NYPD officers accused of excessive force affects your police brutality case, call Friedman, Levy, Goldfarb, Green & Bagley, P.C. today for a free consultation with an NYC civil rights lawyer. We will not charge you any attorney fees unless you win your case.

What to Do if a Police Officer Discriminates Against You

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Civil Rights

Police officers, like all law enforcement authorities, are legally and duty-bound to treat all persons equally and not to discriminate due to a person’s race, gender, sexual orientation, or other distinguishing characteristics. The New York civil rights attorneys at Manhattan’s Friedman, Levy, Goldfarb, Green & Bagley, P.C. are dedicated to exposing NYPD discrimination and holding law enforcement officers accountable for their misconduct. If your civil rights were violated by the NYPD, you may be entitled to substantial monetary compensation, including punitive damages, to send a loud and clear message that this kind of abusive behavior will not be tolerated.  

What constitutes police discrimination?

A police officer can stop an individual for a brief and cursory holding and questioning if the officer has a reasonable suspicion of criminal activity. The holding period must be no longer than is necessary, and the officer must use the least intrusive means available to investigate the suspicious activity. The officer cannot arrest a person without a probable cause for that arrest.

The standards for what constitutes “reasonable suspicion” and “probable cause” are not sharply defined. If you believe that an officer stopped you, for example, solely on account of your skin color or ethnic background, the officer will likely offer a contrary explanation that includes a rationale for the stop.  

Patterns of misconduct can help demonstrate police discrimination

If the officer who allegedly committed the act of discrimination has a personnel file that includes multiple reports of discriminatory conduct, it will show a pattern of behavior that will help substantiate your case.

In New York City, reports of police discrimination are filed with the Civilian Complaint Review Board (the “CCRB”). Before submitting your report to the CCRB, contact Friedman, Levy, Goldfarb & Green. We can assess the circumstances of your discrimination case and advise you on how best to proceed, from filing a CCRB report to initiating a civil rights lawsuit.

Filing a lawsuit for police officer discrimination

You should contact a knowledgeable and experienced civil rights lawyer if you believe that you have been subjected to harassment by police solely because of your race or other class characteristics. This includes:

  • False arrests or unreasonably long periods of detention;
  • Excessive use of force;
  • Abusive surveillance with no suspicion of criminal activity;
  • Demands or suggestions for bribes; and
  • Verbal abuse or attacks that refer to a person’s race or ethnicity.

Police officers have a level of qualified immunity to civilian complaints. To overcome this immunity and to bring a successful lawsuit for police discrimination, the victim should record details of the incident and get the names and contact information for any witnesses.

Civil Rights Attorneys for Victims of Police Discrimination

A victim of actionable police discrimination has a right to sue the officer and that officer’s employer both in State and Federal Court. If you were treated unfairly by the NYPD based on your race, gender, or sexual orientation, please call us today to discuss your case directly with a civil rights attorney New York City trusts to fight relentlessly for equality and justice. We are not afraid to go up against the NYPD and the City when law enforcement personnel abuse their authority and the civil rights of those they are sworn to protect. All initial consultations are free.

What to Do After a Construction Accident

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Construction Accidents

The steps that an injured worker takes immediately following a construction site accident can significantly impact his or her ability to recover disability payments and other compensation.

The New York construction accident attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. advise injured workers on what steps they should take in the aftermath of a construction accident. Our lawyers also help those workers to recover the largest available awards to reimburse their costs and expenses while they recuperate from their injuries.

4-part action plan: What to do after a construction accident

Every construction employee that suffers injuries in an on-the-job accident should follow a four-part plan, regardless of how minor his or her injuries may be:

Get medical help as soon as is possible.

Some construction injuries may not be immediately obvious, or the full scope of those injuries may not be apparent until several hours or days after the accident. A doctor’s exam will establish a baseline for injuries and will prevent employers and insurance companies from claiming that the injuries occurred as a result of other circumstances.

Collect and save evidence about the accident. 

If possible, take pictures of the accident scene. Get the names and contact information of any witnesses that observed the accident. Write down all of your memories about the accident, including when it happened and the chronology of events surrounding it. Save all invoices and bills from doctors and medical centers, and record expenses that you incur (e.g., transportation to and from doctor’s visits, etc.) as a result of the accident.

Report the accident to your employer.

New York construction employers are required to carry workers’ compensation and other liability insurance. Under the terms and conditions of those policies, injured employees have a limited amount of time after an incident to file accident and injury reports. If you are not able to file the report, ask for assistance and complete the report with a simple and accurate description of the incident and any resulting injuries.

Retain a construction accident lawyer.

The right attorney will guide you through completing an accident report for your employer and in taking all additional steps that are necessary to secure the largest available compensation for your injuries. In the confusion that inevitably follows a serious construction accident, injured employees might overlook their chance to recover all of the damages that they may be entitled to receive. A knowledgeable and experienced construction accident attorney in New York City will verify that no sources of potential recovery are missed.

Collecting full compensation after a construction accident

Construction workers may be entitled to more than just workers’ compensation benefits after they sustain injuries in an on-the-job accident. If you follow a simple action plan, you will have a better opportunity to recover:

  • Lost wages that would have been earned if your injuries had not caused you to miss work;
  • Reimbursement for payment of medical bills and expenses;
  • Damages for your pain and suffering; and
  • Compensation for the reduction in the quality of your life.

For Legal Representation Following an NYC Construction Accident

Please call Friedman, Levy, Goldfarb, & Green if you have suffered injuries in an on-the-job incident. Our lawyers represent injured workers in the Bronx, Manhattan, and throughout NYC and Long Island. We will fight tirelessly to get you the compensation you deserve. You owe us nothing unless we win money for you! Call today to see how much your case might be worth.

Car Accident in a Construction Zone: Who Is at Fault?

Friedman, Levy, Goldfarb, Green & Bagley, P.C.Automobile Accident

A routine drive can suddenly turn hazardous when the road becomes a construction zone. In addition to abrupt changes in the landscape, construction zones can be accompanied by hesitant drivers who make poor decisions, as well as obstacles in the path of travel. Due to the other parties and factors involved, these accidents can be more complicated than non-construction zone crashes. A qualified car accident lawyer can sort through the details to hold those at fault responsible.

Increased risks in a construction zone

Whether or not construction workers are present, a construction zone carries with it additional risks.

Each construction zone crash is unique, but some common factors include:

  • A sudden change in speed limit
  • An abrupt change in traffic patterns, including narrowed or reduced number of lanes
  • Unclear signs to indicate a change in traffic flow or detours
  • Changed signal operation
  • Workers and equipment entering the road
  • Confused drivers

Who is liable for a New York construction zone accident?

There is no universal answer to who is at fault for a work zone crash. Just as in any other auto accident, a party who was negligent may be held responsible for the portion of the damages caused by their actions.

One of the complicating factors in a construction zone accident is the number of parties who may be involved. Were the traffic signals improperly timed? The municipality and the civil engineers who programmed the signal may be legally responsible.

Did the road crew leave equipment or debris in the path of traffic? The construction company or government may be at fault.

Another driver who initiated the crash may also be partly to blame. Each situation calls for an informed analysis to determine who may be liable.

How to prove fault for a construction zone accident

Proving a defendant’s breach of duty is necessary to receive compensation for an accident. Every driver on the road is under a duty to act reasonably and control their vehicle. Government entities and construction companies have a duty to plan the project and take required precautions, like installing temporary traffic devices. Engineers who develop plans for the construction must meet the standard of care for other professionals in their locale.

In some cases, a jury can decide whether the defendant, such as a reckless driver, acted negligently. When the defendant is a professional such as an engineer, it is necessary to hire an expert witness who can explain what the standard of care for the profession required. Failing to meet the requirement to prove legal fault will jeopardize your right to recover compensation.

Choosing a New York City lawyer: Why experience matters

A serious car accident can sideline you physically and financially, but the law allows those injured by someone else’s negligence to recover compensation from those who caused the injury. Establishing fault in a construction zone accident can be more complicated than in other car accidents, so it is important to choose a New York construction accident attorney experienced in work zone accident claims.

The attorneys at Friedman, Levy Goldfarb & Green provide strong representation to clients throughout New York City, from Brooklyn to the Bronx, who are facing complex claims. Call today to schedule a free consultation to see how we can help you through yours.