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A New York appellate court recently issued an opinion addressing contractor liability for defects resulting in a slip-and-fall. Generally, New York slip-and-falls fall under premises liability theories of negligence. Although slip-and-fall cases might seem straightforward, each case is unique and successful recovery depends on the property owner’s status and circumstances surrounding the fall. Common defendants in New York slip-and-fall cases are property owners, government or city entities, and construction or contracting companies.

Property owners maintain the duty to keep their premises in a reasonably safe condition. These duties include removing snow and ice from their property, ensuring that their stairs and elevators work properly, and securing their property from foreseeable criminal activities. However, reasonableness can be relative, and injury victims must prepare a compelling and legally sound case. Courts will look to various factors when determining whether a property owner’s conduct was reasonable. Some considerations include how long the defective or unsafe condition existed, and the amount of time the owner had to address the hazardous condition. Moreover, defendants will often impute fault on the victim, and plaintiffs must be able to address any contributory negligence claims.

In certain situations, the city may hold full responsibility for a slip-and-fall accident, such as when the accident:

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The pandemic brought many changes to the daily lives of Americans throughout the country. One of the significant changes was the decrease in the number of daily commuters. Despite lighter traffic, New York car accident fatalities soared. In 2020, over 240 individuals died in a New York City traffic accident. Historically, economic downfalls usually coincide with reduced traffic congestion and fewer fatal accidents. However, the pandemic seemed to have the opposite effect, and many individuals recklessly sped down empty highways in their cars and motorcycles. These actions resulted in a sharp increase in deadly New York city accidents. Data showed a 76% increase in fatality rates from the previous year. However, the pandemic did bring a decrease in fatalities involving pedestrians.

Many reasons may explain the increase in fatal accidents but tend to go back to the changes that coronavirus brought to city residents. With older adults locking down in place, younger drivers, who are more prone to speeding, took advantage of the emptier streets. Further, the increase in unhealthy coping mechanisms, such as alcohol and drug-use combined with speeding, resulted in disastrous consequences. Traffic experts noted that some areas issued more speeding tickets during Covid than they ever have before.

Additionally, officials noted that fatalities involving motorcyclists hit the highest level in nearly 30 years. Further, over half of the incidents involved operators who did not have a motorcycle license. Data suggest that the rise may be attributed to the growing number of young men seeking an outlet from lockdown.

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Hit-and-runs are one of the most devastating types of New York car accidents. These incidents are particularly egregious and often result in serious injuries and even death. After a hit-and-run accident, injury victims and their families often face an uphill battle trying to recover damages that cover the extent of their losses. A New York accident attorney can help families navigate these complex lawsuits.

Hit-and-run accidents occur when a driver leaves the scene of an accident without providing identifying information and rendering reasonable assistance to victims of the accident. Even if the accident does not appear to cause injuries, drivers must still stop and, at minimum, exchange insurance information. The failure to stop and provide information and assistance can leave vulnerable individuals in a harrowing position. Even short delays in medical treatment can have lifelong impacts on accident victims.

For instance, a New York news source recently reported on a tragic Westchester hit-and-run accident. Witnesses called police to report a man lying on the side of a roadway near Route 6. When police arrived, they discovered that the man died after being hit by a vehicle. A preliminary investigation revealed that a person traveling east on the road hit the victim and left the accident scene.

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New York construction site accidents typically involve a complex interplay of various statutes and regulations. Injury victims and their families who wish to pursue damages after a construction site injury should contact a New York personal injury attorney to discuss their rights and claims to damages. Construction sites are inherently dangerous workplaces, and construction site owners and managers should take steps to ensure a reasonably safe environment.

Workers at a construction site have the right to a safe environment. This standard applies to employees, independent contractors, and subcontractors. New York’s workers’ compensation laws prohibit employees from suing their employers for most work-related injuries; however, exceptions exist in limited situations. In some cases, subcontractors can sue the construction site manager if they suffer injuries at the worksite. A subcontractor who suffers injuries because of a general contractor’s or coworker’s negligence may be able to recover damages from the at-fault parties.

Construction site accidents may result from falls, falling debris, electrocutions, defective machinery, and collapses. These accidents may cause fractures, broken bones, internal organ damage, lacerations, burns, brain injuries, paralysis, and even death. For instance, a news source recently reported that a 60-year-old subcontractor died in a power station accident. Witnesses explained that crews from various construction companies were at the power station when a heavy pipe fell on him. The falling pipe slammed into his head and killed the man upon impact.

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Quantifying the impact of a car accident and potential lifelong pain can be an overwhelming task. Generally, New York law allows injury victims to claim economic, non-economic and, in some limited cases, punitive damages. No two New York car accidents are the same. Two individuals can be involved in the same incident and experience the same injuries but suffer different emotional trauma levels and pain. To this point, the law classifies pain and suffering under none-conomic damages. As there is no solid mathematical way to quantify pain and suffering, the amount of damages a victim recovers hinges on a solid and compelling case.

There are several approaches that attorneys and insurance companies utilize to determine pain and suffering damages. However, the most common methods include the multiplier method and the per diem approach. The multiplier method involves adding the total amount of economic damages and then multiplying that method by a number between 1.5 and 5. The multiplier number depends on the severity of the injury. The per diem approach involves assigning a dollar amount to every day the victim suffers from the injury until they recover. Most people present their daily earnings and argue that the injury pain is comparable to the effort of working every day.

These calculations include if the victim suffers from psychological issues, post-traumatic stress disorder, anxiety, insomnia, appetite loss, and sexual dysfunction. Further, courts will look to alterations of the victim’s daily life, relational impacts, length of injuries, and life expectancy.

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Many people associate construction site accidents with falls and defective machinery; however, electrocutions often result in the most deadly injuries. New York construction sites often expose workers to hazardous conditions, including live wires and faulty electrical equipment. Additionally, a significant number of construction projects require workers to manage devices that have electricity running through them. The most common electrocution accidents on construction sites involve contact with overhead power lines, contact with live wires, and electrical currents.

Although electrocution accidents can happen out of nowhere, the majority of these accidents involve negligence. The electric source may be a wire, metal, or machinery. The electric shock occurs when the conductor sends a volt to a part of a person’s body. These types of accidents disproportionately affect electricians, power company employees, and construction workers. Many construction electrocutions happen when a worker touches an object that comes in contact with a live wire. Even indirect contact like this can cause a person to suffer the effects of a deadly electrical volt. Those in charge of a construction site should make sure to insulate or turn off power sources that can cause electrocution. Electrocutions are often deadly because the whole body experiences the volt at once.

For example, a New York news report recently described injuries an ironworker suffered at the Mineola station’s construction site. Transportation authorities stated that contractors were constructing a pedestrian bridge when a crane touched a high voltage line. The contact created an arc of electricity that resulted in an iron worker’s electrocution. The woman was transported to a local hospital and remained in critical condition.

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Slip-and-fall accidents can happen at any location and for a variety of reasons. However, accidents involving construction workers often involve unique legal issues. Additionally, New York construction accidents occurring on staircases enhance the complexity of these cases. Construction workers who suffer injuries after falling on a defective staircase may encounter many challenges when recovering damages for their injuries. However, these accidents can have long-lasting physical, psychological, and financial consequences, and injury victims should pursue their claims against negligent parties.

For instance, a news report recently detailed the death of a construction worker who died after a stairwell collapsed at a parking garage. The man was removing railings when the structure collapsed, and he became trapped between the wall and floor. Sadly, he was pronounced dead at the accident scene, and another worker was hospitalized with critical injuries.

Slip-and-fall and trip-and-fall construction accidents can stem from broken stairs and handrails, or another similar defect. Generally, when an individual suffers injuries on a broken staircase, they can file a personal injury lawsuit against the property owner, site manager or another party responsible for the defect. In these situations, they can pursue a claim to recover damages for their medical costs, lost wages and benefits, and pain and suffering.

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Dump trucks are one of the most prevalent vehicles on construction sites. These large vehicles are cumbersome, and their unusual design and loose loads can pose serious dangers to anyone in their vicinity. New York dump truck accidents may involve onsite construction accidents or motor vehicle collisions on the road. Those who suffer injuries in an accident involving a dump truck may face serious and life-long debilitating consequences.

Construction site operators generally use dump trucks to transport heavy loads of sand, gravel, or demolition debris. Most of these vehicles have an open-box bed that uses hydraulic rams to lift the front of the bed to dump the load on the ground behind the truck. Dump truck loads can weigh more than 15 tons, which is significantly heavier than an average vehicle. As such, accidents involving these vehicles often result in catastrophic injuries. For example, recently, a national news report described a tragic dump truck accident. According to the report, the two individuals were hit by a dump truck and fell into a ditch. Unfortunately, rescue operations were futile, and the two people suffered fatal injuries.

There are many reasons that a New York dump truck accident can occur. Some reasons include, the truck’s design, driver error, driving while impaired, accidental unloading, defective truck parts, truck company error or negligence, and flyaway debris. However, the majority of accidents involve careless operation and dump truck instability.

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Construction sites are one of the most dangerous workplaces in the United States. According to the Centers for Disease Control and Prevention (CDC), thousands of people suffer injuries related to construction projects every year, and many of these New York construction accidents involve elevators and similar hoisting devices. Elevators, hoists, hung scaffolds, and false cars present many serious dangers. Those that suffer injuries on these devices may face lifelong disability and even death.

For instance, a recent news report described a tragic elevator accident at a New York construction site. Officials report that a construction site worker fell from the 16th floor of a hospital that is under construction. He took a hoist elevator to the 16th floor, and witnesses reported that they saw the victim fall to the ground. Sadly, rescue attempts were futile as the man died at the scene of the accident.

Construction site elevator accidents can occur while an elevator is under construction or when workers are utilizing it on site. The majority of New York elevator accidents occur because of mechanical or technical failure. In many situations, a defect in the pulley system can cause the elevator or hoist to drop at high rates, causing blunt force trauma or crushing. Similarly, people often suffer injuries by falling into an elevator shaft. Although safety protocols mandate that these areas are marked, the danger may not be marked in some situations, or it may be ignored.

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Construction sites are necessary for the growth and prosperity of New York; however, they are also some of the most dangerous workplaces. New York construction site accidents take the livelihood and lives of many workers every year. Despite the harrowing realities of construction site accidents, workers’ compensation laws limit how much an employee can recover against their employer. However, many accidents stem from more than one party’s negligence, and in these cases, construction site victims can file a third-party lawsuit against the liable party.

For instance, a recent New York excavator accident illustrates a situation where a third-party may be responsible for the worker’s death. In that case, a worker died after his excavator flipped into a river, trapping the man in bitterly cold waters for hours. Emergency crews’ efforts to rescue the man were unsuccessful, and the man succumbed to his injuries. Police reported that the excavator toppled when it got close to the water. An investigation is ongoing; however, the company involved did not comment on the accident. Occupational Safety and Health Administration (OSHA) records indicate that the company has a prior incident report.

Negligent third-parties may include property owners, contractors, and subcontractors. Additionally, in situations where the accident stemmed from defective equipment, the equipment manufacturer might be liable. Further, in New York, many third-party construction accident claims stem from electrical accidents, scaffolding incidents, untrained workers, and defective safety equipment.

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