Negligence is often a contributing factor when an employee is injured at a New York construction site and is integral to a claim of construction accident liability. Negligence can include unsafe work conditions, lack of access to safety devices such as harnesses and hard hats, failure to keep a worksite up to code, and non-adherence to safety protocols. Failure to adhere to these safety protocols also includes the necessity of removing debris and other physical dangers that could put workers at risk of an accident. Have you been hurt in a construction accident due to the negligence of another party? Contact us today for a free consultation at Friedman, Levy, Goldfarb, Green & Bagley, P.C.
Proving Negligence
When a negligence claim is filed in court, it’s up to the jury to determine whether or not the defendant took actions that a reasonable person would have taken to safeguard a worksite and protect the workers. However, proving that someone was negligent is only one element necessary to hold a person liable for damages. Each of the below elements must be established for a victim to recover damages:
- Existence of Duty of Care: A social contract exists between two parties in a given context that gives rise to certain legal obligations. Examples include the duty of care that manufacturers owe their customers to market safe products or medical practitioners who owe their patients a standard of care that meets established medical protocols. Similarly, the duty of care that an employer owes its workers and other visitors to the construction site is to ensure the worksite is safe and secure from hazards.
- Breach of Duty of Care: The duty of care is breached when one party fails to behave as a “reasonable person” by not honoring their legal obligation to the other party by following appropriate safety measures.
- Causation: A New York construction accident lawyer must prove that the at-fault person’s actions were directly responsible for a worker getting injured. When physical evidence cannot be produced, the causation claim can sometimes be supported by the testimony of an expert witness such as one with experience in reconstructing accidents.
- Damages: To be awarded damages for a personal injury claim, you must show proof of financial loss, including medical and rehabilitation expenses, lost income, travel costs, and personal care expenses. You can also be compensated for non-financial losses such as pain and suffering, permanent disabilities, and severe scarring that result from an injury. Keeping documentation of all such expenses, as well as evidence of the physical and emotional damages from an accident, are essential to winning your claim in court.
In New York State, there are also statutory Labor Laws which can hold a property owner and/or a general contractor liable for a worker’s injuries even if they are not directly responsible. A New York construction accident attorney will identify these cases.
Contact a New York Construction Accidents Attorney Today
For more than 50 years, our attorneys at Friedman, Levy, Goldfarb, Green & Bagley have handled and won many personal injury cases. We are committed to seeking justice for all our clients. Our law firm was founded on the principle that all people are entitled to trustworthy and skilled representation. So if you’ve been injured in a construction accident, contact us today for a free consultation. There are no upfront legal fees because we work on a contingency basis.
